2013 (11) TMI 1050

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....cate JUDGMENT (Per : Honourable Mr. Justice M. R. Shah) 1. The present Tax Appeal is ADMITTED and taken up for final hearing today to consider the following substantial question of law; "Whether on the facts and in the circumstances of the case, the tribunal was right in directing that the question of allowability of lease rent of Rs.1,89,17,094/- must be decided in accordance with the....

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....g Officer is required to take a fresh decision in accordance with law and considering the decision on the issue prevailing at the time of deciding the matter. It is submitted that therefore the remand should not be restricted only to take a fresh decision in light of the decision of the Special Bench of the tribunal in the case of IndusInd Bank Ltd. only and, therefore, it is requested to make a s....

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....to the disallowance of Rs.1,89.17.094/- towards the lease rent paid, the tribunal has remanded the matter to the Assessing Officer to take a fresh decision in light of the decision of the Special Bench of the tribunal rendered in the case of IndusInd Bank Ltd.. When the tribunal has remanded the matter to the Assessing Officer for a fresh decision, we fail to appreciate why the tribunal should res....