2014 (11) TMI 885

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....DGMENT (Judgment of the Court was delivered 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 pa....

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....ven by one Mr.P.K.Duraisamy, the Managing Director 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.4,22,09,2....

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....ase transactions were genuine with the parties aforesaid. Holding so, the appellate authority dismissed 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....

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....company during the course of enquiry and his inability to furnish sufficient material, clearly go to show 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....