2008 (8) TMI 788

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....ns of law and facts are involved. The facts have been noticed from I. T. A. No. 255 of 2007. The assessee has filed the present appeal against the order dated September 22, 2005, passed by the Income-tax Appellate Tribunal, Chandigarh, Bench " A" Chandigarh (for short, "the Tribunal"), in I. T. A. No. 616/Chandi/2004 for the assessment year 1996-97 raising the following substantial questions....

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....s the plethora of material on record? (iv) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in law in ignoring to consider the material on record and remitting the matter to the Assessing Officer? (v) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in law in reformulating th....

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....er submitted that the observations made by the Tribunal while remanding the case back to the Commissioner of Income-tax (Appeals) would prejudice the Commissioner of Income-tax (Appeals) while deciding the matter afresh by him. The observations made by the Tribunal are strictly not in conformity with law. Learned counsel for the Revenue submitted that as nothing has been held by the Tribunal on....

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....he apprehension of the assessee that the Commissioner of Income-tax (Appeals) will be prejudiced by the observations made by the Tribunal while deciding the case afresh is totally baseless for the reason that the Commissioner of Income-tax (Appeals) is bound by law while considering the case in remand. A Division Bench of the Allahabad High Court in New Cawnpore Flour Mills v. CIT [2005] 275 ITR 4....