In The Commissioner Of Income Tax - 1, Mumbai v. Naarang International Hotels Limited, the High Court (2011) dismissed the appeal. The decision went in favour of the assessee.
Issue: 1.The short question raised in this appeal is, whether the Tribunal was justified in accepting the additional evidence and restoring the issue to the file of the assessing officer with a direction to pass appropriate orders thereon.
Decision: The appeal is hereby dismissed.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.3926 OF 2009
The Commissioner of Income Tax - 1, Mumbai..Appellant.
Versus
Naarang International Hotels Limited..Respondent.
Mr.Vimal Gupta for the appellant.Mr.F.B. Andhyarujina, Senior counsel with Mr.S.G. Dalal for the respondent.
CORAM : J.P. Devadhar &
Mrs.Mridula Bhatkar, JJ.
P.C. :
DATE : 11[th] January, 2011.
1.The short question raised in this appeal is, whether the Tribunal was justified in accepting the additional evidence and restoring the issue to the file of the assessing officer with a direction to pass appropriate orders thereon.
2.The additional evidence relates to obtaining audit certificates after the assessment orders were passed. The Tribunal, in the facts of the case, has accepted the explanation given by the assessee and accepted additional evidence.
3.In the facts of the case, we see no reason to interfere with the order of the Tribunal. The appeal is hereby dismissed. No costs.
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