Ita/20/2015 Of M/S Su Sampada v. The Commissioner Of Income Tax

1 HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE NATIONAL LOK ADALAT I. T. A. No.20 of 2015 -Indore, Dated: 22/04/2018 Shri Anand Prabhawalkar, Advocate for theappellant. Ms. Veena Mandlik, Advocate for the respondent. Vide order dated 4.11.2015 three substantialquestions of law were admitted, which are as under:- “1.Whether, the ITAT is justified in confirmingthe disallowance of Rs.3,10,000/- in respect of thepartner's remuneration ignoring that no deductionin this regard was claimed by the appellant?2.Whether, the ITAT has committed an errorof law in not deciding the alternative ground raisedby the appellant regarding set off of losses anddepreciation carried forward from earlier yearsagainst the income determined/assessed?3.Whether, in the facts and circumstances ofthe case ITAT is justified in dismissing the appealin a summary manner?” Counsel for the parties jointly agreed that thequestion Nos. 1 and 3 are not required to be adjudicatedand the Counsel for the appellant is not pressing thosetwo grounds and those grounds may be treated aswithdrawn. Regarding ground No.2 the Counsel for the partiesjointly agreed that the said ground is required to beremanded to the Tribunal for adjudicating the saidground, which has not been adjudicated earlier. At the joint request of Counsel for the partiesground No.2 regarding set off of losses and depreciationcarried forward from earlier years is remanded to theIncome Tax Appellate Tribunal, Indore for its decision pp Digitally signed by Pankaj Pandey Date: 2018.05.10 14:50:33 +05'30' 1 HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE NATIONAL LOK ADALAT after giving adequate opportunity of hearing to theparties. With the aforesaid, ITA No.20 of 2015 standsdisposed of. (Justice P. K. Jaiswal)Member (Sumit Nema) Member