2017 (6) TMI 404

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....g the following substantial questions of law: 1) In the facts and circumstances of the case, whether the Hon'ble Tribunal (ITAT) is correct in law in setting aside the issue to the Assessing Officer with a direction to verify the correctness of the claim of the respondentassessee, with regard to agricultural nature of land is not perverse considering that it is crystal clear from the assessment ....

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....tal income of Rs. 44,000/-. 4. The case was selected for scrutiny and notices under Section 143(2) were issued. Thereafter, an order of assessment was passed on 12.03.2008, invoking Section 50C. 5. The appeal filed by the respondent/assessee was partly allowed by the Commissioner (Appeals), holding that the addition of Rs. 21,71,560/- claimed as deduction towards cost of improvement, was not pro....

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....l land. Therefore, according to the learned senior standing counsel, the Tribunal should not have entertained such a new plea on facts, contrary to what was admitted before the Assessing Officer. 9. We have carefully considered the above submissions. 10. All that the Tribunal has done is only to remand the matter back to the Assessing Officer for a fresh consideration on this question of fact. A....