2004 (1) TMI 64

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.... assessee had not filed any appeal against the additions which have been sustained by the Appellate Assistant Commissioner?" We have heard Mr. Bhatt, learned standing counsel for the Revenue. Though served, none appears for the respondent-assessee. During the survey operations under section 133A of the Income-tax Act, 1961, the Income-tax Officer came to know that the assessee carried on business in medicines on wholesale basis and that the assessee also maintained books of account but they were not produced before the inspector during the survey. Information was also received that the assessee-firm consisted of four partners carrying on business of manufacture and sale of plot and that the yarn was also purchased. Notices under secti....

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....ve, when the Tribunal found that the facts were identical, the Tribunal set aside the orders of the Appellate Assistant Commissioner. However, instead of restoring the matter to the Assessing Officer, the Tribunal thought it fit to restore the matter to the Appellate Assistant Commissioner so that the litigation is shortened. The Tribunal, accordingly, disposed of the appeals after restoring the matters to the Appellate Assistant Commissioner with a direction that the Appellate Assistant Commissioner would obtain some material on record which would form the basis for estimating the income and then decide the appeals finally, of course, after giving reasonable opportunity of being heard to both the assessee as well as to the Income-tax Offic....

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....er: "33. Power of court of appeal. - The appellate court shall have power to pass any decree and make any order which ought to have been passed or made and to pass or make such further or other decree or order as the case may require, and this power may be exercised by the court notwithstanding that the appeal is as to part only of the decree and may be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have filed any appeal or objection and may, where there have been decrees in cross-suits or where two or more decrees are passed in one suit, be exercised in respect of all or any of the decrees, although an appeal may not have been filed against such decrees: Provided that the....