2014 (7) TMI 949

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....u/s147 of the Income tax Act, 1961 (hereinafter referred to as the ''Act'') and disallowance of expenditure D.24,40,453/- towards purchase of software "LIC PRINECT SIGNA STATION 74''. The assessee claimed purchase of software as Revenue expenditure, whereas, the Assessing Officer held the same as Capital in nature. Aggrieved by the assessment order the assessee preferred an appeal before the Commissioner of Income Tax (Appeals), Coimbatore. The Commissioner of Income Tax (Appeals) dismissed the appeal of the assessee and confirmed the assessment order. Aggrieved by the order of the Commissioner of Income Tax (Appeals) the assessee has come in second appeal before the Tribunal. 3. The matter was heard at length by the Co-ordinate bench....

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....cer only by letter dated 27.12.2010 which is not valid in law. In our opinion, CIT(A) has not considered the issue properly. We therefore, set aside the impugned order and remit the matter back to the CIT(A) to decide the matter afresh by considering the case laws relied on by the assessee and after giving reasonable opportunity of hearing to the assessee. 7. In the result, the appeal filed by the assessee is allowed for statistical purposes.'' Thus, the case was remitted to the CIT(A) to decide the issue of reopening u/s. 147 of the Act afresh. 4. Thereafter, the assessee filed Miscellaneous Application No.98/2012 stating, that in appeal before the Tribunal, the assessee had raised 8 grounds. The Tribunal has considered only first....