2016 (11) TMI 1015

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....Jhaveri And Banwari Lal Sharma, JJ. For the Appellant : Siddharth Ranka For the Respondent : Anuroop Singhi ORDER 1. By way of this appeal, the assessee has challenged the judgment and order of the Tribunal whereby the Tribunal has remanded back to the AO confirming the order of the CIT (Appeals). 2. This Court while admitting the appeal framed following two questions by order dated....

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.... Emporium Vs. Commissioner of Income Tax- (1999)235 ITR 604. 4. Counsel for the appellant has also raised a contention that the AO has observed as under: "Assessed as above. Issue demand notice and challan. Give credit for pre paid taxes after proper verification. Charge interest as per rules. Penalty proceedings under Section 271(1)(a), 273 and 271(1)(c) have been issued separately." ....

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...., the two judgments sought to be relied upon by the AO himself and in finding of the CIT (Appeals), the assessment which was made, though an attempt is made that the circular and the judgment of this Court will be in favour of the department but he contended that since AO has gone to the unamended provisions, therefore, the assessment made is just and proper. As the return was not filed on the sec....