2005 (3) TMI 45

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....e J.-This is an appeal filed by the Revenue (Commissioner of Income-tax) under section 260A of the Income-tax Act against an order dated September 7, 2001, passed by the Income-tax Appellate Tribunal (hereinafter referred to as the Tribunal) in I.T.A. No. 734/Ind/1995. This appeal was admitted for hearing on the following substantial question of law: "Whether, on the facts and in the circumstan....

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....What we find on a perusal of the impugned order of the Tribunal is that the issue was decided in favour of the assessee simply on the basis of one decision reported in Ranchi Club Ltd. v. CIT [1996] 217 ITR 72 (Patna). A perusal of the decision rendered in Ranchi Club Ltd. [1996] 217 ITR 72 (Patna) shows that in that case, the challenge was essentially to the vires of the two sections, namely,-....

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....d in the case of Ranchi Club [1996] 217 ITR 72 but should have decided the issue keeping in view the requirement of section 234B. Section 234A deals with the cases where interest is chargeable for default in furnishing the return of income by the assessee whereas section 234B deals with the cases where the assessee has committed default in payment of advance tax. They thus operate in different ....

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....ot know as to what are the facts of the case so far as the question in hand is concerned. It is for all these reasons, the remand is called for. It is the duty of the Tribunal as a last court of appeal to deal with the issue in detail by taking note of the facts relating to the issue, relevant sections governing the issue and then the submissions of the parties in support of their case and, las....