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2017 (3) TMI 737

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....K.V. ARAVIND, ADV.)   S. SUJATHA J., ORDER This appeal is directed against the Judgment and order passed by the Income Tax Tribunal, 'C' Bench, Bangalore ('Tribunal' for short) in I.T.A. No. 350/Bang/2013 relating to the assessment year 2009-10, whereby for the reasons recorded therein, the matter is remanded to the Assessing Officer for proper verification, examination and re-adjudi....

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....e Developer constructed some commercial buildings and the same were let out on rent against which no rental income was declared by the Assessee from these let out buildings. The A.O. worked out the assessee's share at 26% of the total gross rent received from the entire built up area amounting to Rs. 3,35,82,700/- and the same was subjected to tax. The Assessee challenged the action of the A.O. be....

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....sess the correct income in the hands of the assessee. This order is challenged by the Assessee under Section 260-A of the Income tax Act, 1961. 3. Heard the learned counsel Sri. Chaithanya. K.K, appearing for the appellant and Sri. K.V. Aravind, learned counsel appearing for the respondents. 4. The substantial question of law that arises for decision before this Court is: "Whether in the ....

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....e project. The learned counsel for the Assessee would submit that these observations made in the order of the Tribunal would influence the A.O. while reconsidering the issue. However, learned counsel for the revenue supports the impugned Judgment and order. 6. It is trite that the Tribunal has discretionary power to remand the matter to the A.O. for fresh consideration. However, any observation....