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Facts
The Revenue is in appeal against an order by the CIT(A) which directed the Assessing Officer (AO) to make a fresh assessment. The original assessment was framed by the AO on a best judgment basis under Section 147 r.w.s. 144, adding unexplained money of Rs. 237.23 Lacs.
Held
The Tribunal held that the CIT(A) had validly exercised its power of remand to direct a fresh assessment. This was considered necessary due to the assessee's submissions and evidence which had material bearing on the assessment.
Key Issues
Whether the CIT(A) validly exercised its power of remand in directing a fresh assessment based on assessee's submissions and evidence.
Sections Cited
147, 144, 251(1)(a)
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Income Tax Appellate Tribunal, “B” BENCH, CHANDIGARH
Before: HON’BLE SHRI RAJPAL YADAV & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by revenue for Assessment Year (AY) 2014-15 arises out of an order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 29-01-2025 in the matter of an assessment framed by Ld. Assessing Officer [AO] on best judgment basis u/s. 147 r.w.s. 144 of the Act on 27-03-2022. In the assessment order, Ld. AO made addition of unexplained money for Rs.237.23 Lacs for want of any effective defense from the assessee. Considering this fact and in view of submissions made by the assessee during first appeal, Ld. CIT(A) exercised remand power in terms of proviso to Sec.251(1)(a) and directed Ld. AO to make fresh assessment. So aggrieved, the revenue is in further appeal before us. The Ld. Sr. DR has opposed remand back of the matter.
We are of the considered opinion that the assessment was framed on best judgment basis. Considering assessee’s submissions / evidences during first appeal which would have material bearing on the assessment of the assessee, Ld. AO was directed to make fresh assessment. In our considered opinion, on the facts of the case, the power of remand has validly been exercised by Ld. CIT(A) and we find no infirmity in the same.
The appeal stands dismissed. Order pronounced on 08th September, 2025. (RAJPAL YADAV) (MANOJ KUMAR AGGARWAL) VICE PRESIDENT ACCOUNTANT MEMBER Dated: 08-09-2025 आदेश की "ितिलिप अ"ेिषत /Copy of the Order forwarded to : 1. अपीलाथ"/Appellant 2. ""थ"/Respondent 3. आयकरआयु"/CIT 4. िवभागीय"ितिनिध/DR 5. गाड"फाईल/GF