Itta/270/2012 Of The Commissioner Of Income Tax-Iv v. M/S Narven Finance And Investments Ltd

HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDHON’BLE SRI JUSTICE K.C.BHANU I.T.T.A.No.270 of 2012 Date: 06.08.2013 Between: The Commissioner of Income Tax-IVHyderabad. .....Appellant AND M/s Narven Finance & Investments Ltd.,Hyderabad. ...Respondent HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDHON’BLE SRI JUSTICE K.C.BHANU I.T.T.A.No.270 of 2012 JUDGMENT:(per Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta ) Having heard the learned Counsel for the appellant andgoing through the impugned judgment and order, we are notinclined to interfere with the judgment and order of the learnedTribunal, as it has been found that the Assessing Officer withoutgiving any reason passed the assessment order. TheCommissioner of Income-tax (Appeals) has decided the matter ex-parte. The learned Tribunal received the additional evidence fromthe assessee and remitted the matter to the Assessing Officer forhearing. However, while doing so, the learned Tribunal has madean observation, which has got a bearing before the authoritybelow. We, therefore, clarify that the observation recorded by thelearned Tribunal is not conclusive and binding and, as such, theauthority below shall decide the matter in its own and independentway. Accordingly, the appeal is dismissed. Miscellaneouspetitions, if any, pending shall also stand closed. No order as tocosts. ___________________ K.J. SENGUPTA, CJ _______________ K.C.BHANU, J