Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
Extended period of limitation unsustainable; allowable deductions for prompt payment discounts, pro rata recovery, freight and VAT led to demand being...
The ITAT admitted additional grounds and, given the age of the assessee and the need for fairness, allowed one further opportunity to produce evidence on the source of investment in the foreign property, mortgage repayments, and residential status at the time of acquisition and repayment. It noted that the existing material did not conclusively establish the assessee's claim that the property was bought while non-resident from overseas earnings and mortgage finance, but it expressly declined to decide the factual merits or legal objections. The appellate order was set aside and the matter was restored to the CIT(A) for de novo adjudication, with all contentions left open.
The ITAT admitted additional grounds and, given the age of the assessee and the need for fairness, allowed one further opportunity to produce evidence on the source of investment in the foreign property, mortgage repayments, and residential status at the time of acquisition and repayment. It noted that the existing material did not conclusively establish the assessee's claim that the property was bought while non-resident from overseas earnings and mortgage finance, but it expressly declined to decide the factual merits or legal objections. The appellate order was set aside and the matter was restored to the CIT(A) for de novo adjudication, with all contentions left open.
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