2021 (8) TMI 226

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....by a Bench of this Court on the following substantial question of law: "Whether on the facts and in the circumstances of the case, and in law, the Tribunal was justified in confirming the order passed by the Commissioner of Income Tax under Section 263 of the Income Tax Act,, 1961 cancelling the order of assessment under Section 115 WE(3) dated 18.11.2010 and directing the assessing officer to make an order de novo only for the reason that there is no discussion in the order or in the record of the assessment proceedings?" 2. Facts leading to filing of this appeal briefly stated are that the assessee is a company which is engaged in the business of manufacture of pharmaceutical products. The assessee had filed return of income in respec....

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....y the Tribunal, submitted that the claim of the assessee under Section 115WE of the Act in respect of fringe benefits has not been considered on merits by the Tribunal while deciding the appeal and the impugned order therefore be set aside and the matter be remitted to the Tribunal for decision afresh on merits with regard to the claim of the assessee in respect of fringe benefits. On the other hand, learned counsel for the revenue has supported the order passed by the Tribunal. 4. We have considered the submissions made on both sides and have perused the record. From perusal of the order passed by the Tribunal, it is evident that the Tribunal has not considered the claim of the assessee with regard to fringe benefits under Section 115WE o....