TaxTMI 
TaxTMI 
2023 (10) TMI 1466
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....Revenue PC:- 1. The prayer in the Petition is primarily to quash and set aside the order dated 31st August 2023 passed by the Income-tax Appellate Tribunal ("ITAT") under Section 254(1) of the Income-tax Act, 1961 ("Act") and to remand the matter to the ITAT for fresh consideration of the appeals bearing ITA Nos. 1945 of 2023 and 1946 of 2023. 2. Petitioner had filed aforesaid two appeals befo....
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....to hear the matter in the absence of Petitioner and after hearing only the departmental representative passed the order pronounced on 31st August 2023, which is impugned in this Petition. 4. On 7th October 2023, an order came to be passed by this Court staying the operation of the impugned order. Mr. Sharma, who is appearing for Respondents states that if the Court feels the matter is to be reman....
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....as to be quashed and set aside and the matter should be remanded for de-novo consideration. Ordered accordingly. 8. It will be apposite to re-produce the following paragraph from the judgment of this Court in Indira Balakrishna, Manager of Estate of Balakrishna Purshottam Purani v. CIT [1956] 30 ITR 320 It reads as under: "Now, it is never desirable for any Judge to express an opinion which is ....
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.... Income-tax Act, the Income-tax Officer is bound to respect any opinion expressed by it, and if it says that an assessee has been under-assessed or there has been a failure to assess properly, the Income-tax Officer is bound to take action under section 34, and that is exactly what has happened in this case. Therefore, in our opinion, with respect to the Tribunal, it should be very careful in givi....