2015 (2) TMI 207

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....als filed by the assessee arising out of assessment years 1981-82 and 1982-83. The assessee has framed following substantial questions of law :- "(i) Whether the facts and circumstances of the case, the orders Annexures P-4, P-5 and P-7 are legally sustainable ? (ii) Whether in the facts and circumstances of the case, the up-holding of the addition made by the Assessing Officer on issues not pending on the file of the Assessing Officer is legally sustainable? (iii) Whether in the facts and circumstances of the case, the confirmation of the order passed by the Assessing Authority on issues which were pending on the file of the first Appellate Authority is legally sustainable ? (iv) Whether in the facts and circumstances of the ca....

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....r 1982-83. We will set aside the impugned order and restore the same to the file of the learned first appellate Authority for fresh hearing, of course, after hearing the assessee and the Assessing Officer in as much as his reasoning cannot be sustained. The learned First Appellate Authority has only said that ,"I have carefully considered the submissions made before me and find that the claim of the appellant is in order and thus entitled to further relief of Rs. 4,73,635/- which is allowed". The learned First Appellate Authority is directed to pass a speaking order on the issue. On this ground, the revenue succeeds for statistics. 8. Revenue's appeal for the assessment year 1981-82 stands allowed partly on merits and partly for stati....

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....e Tribunal, the only surviving order is that of the Assessing Officer and, therefore, he is justified in reviving the demand against the assessee. However, after rehearing, another order was passed by the Commissioner Income Tax (Appeals) on 14.9.1994 and returned the following findings :-              "3.3. I have gone through the facts of the case and the order of my learned predecessor. He has discussed case of each bad debt separately in his order and all the details were given. It is, however, seen that mainly all the bad debts under consideration had not really become bad during assessment year 1982-83. For example in the case of M/s Kartarpur Cycle Home, M/s Azad Cycle Wo....