2018 (12) TMI 829

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....avi Malimath And Mr. Justice K. Natarajan For the Appellant : Sri Chythanya K.K., Advocate For the Respondents : None JUDGEMENT The appellant is a private limited Company engaged in the business of production and marketing of hybrid seeds and other agricultural goods. For the assessment year 2012-13, the assessee declared a nil income, after setting off loss of Rs. 1,31,54,748. The ass....

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....r the appellant contends that the Tribunal could not have remanded the matter for a fresh consideration. The Tribunal has filed to consider the reasonsn given by the C.I.T. (A) on merits and therefore, remanding the matter only on the ground as narrated in paragraph No. 9.1 of the C.I.T. (A) is incorrect. 4. Heard the learned counsel for the appellant and examined the record. 5. The Tribunal....

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....as to go back to his file for a fresh decision by way of a speaking and reasoned order and hence, the issue on merit in both these appeals need no adjudication at the present stage because the issue on merit has to be decided after decision on legal aspect." 6. The reasons of the C.I.T. (A), which could be seen for paragraph No. 9.1 of its order, reads as under: "The appellant has rais....

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....lighted by the AO. This ground of the appeal is accordingly disallowed." 7. Therefore, the Tribunal was of the view that the order passed by the C.I.T. (A) is very cryptic and is not forthcoming as to what is the findings of the C.I.T. (A) in respect of the objections, therefore, it is necessary that the matter was remanded to the C.I.T. (A) to enable him to pass a speaking and reasoned order. ....