2014 (11) TMI 885

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....vered by R. Sudhakar, J.) The Revenue has filed these four appeals challenging the order of the Income Tax Appellate Tribunal in remanding the matter to the assessing officer for de novo consideration of the respondent-assessee's statement that the purchase of raw materials for construction of the building complex in question was made from genuine parties. The assessment relates to the period....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ector of the company, treated the purchases made from the above parties as bogus and passed the assessment order dated 31.12.2009, as detailed below:- Assessment Year Total Turnover Returned Income Bogus Purchases Assessed Income 2005-06 Rs.2,29,07,720/- Rs.1,54,620/- Rs.49,00,045/- Rs.50,54,665/- 2006-07 Rs.4,22,09,280/- Rs.1,27,570/- Rs.92,10,422/- Rs.93,37,992/- 2007-08 Rs.6,59....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....missed the appeals by order dated 28.3.2012. 4. Aggrieved by the order of the Commissioner of Income Tax (Appeals), the assessee preferred further appeals before the Income Tax Appellate Tribunal and by the impugned order dated 17.9.2013, the Tribunal has remitted the matter to the assessing officer to examine and decide the issue de novo in accordance with law after affording sufficient opportun....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ow that such an exercise by way of remand is only a futile attempt to fill up the lacuna, if any, and the same should not be allowed. 7. We have given our anxious consideration to the above pleas. Since the Tribunal has made an open remand for de novo consideration of the materials that may be placed by the assessee, we hold credence to the findings of the original authority as well as the appell....