ITO, WARD - 12(4), KOLKATA, KOLKATA vs. M/S. ROGER ENGINEERING PVT. LTD., KOLKATA
What did the Tribunal hold?
The Tribunal agreed that the CIT(A) no longer had the power to remand for factual verification. However, the Tribunal exercised its own jurisdiction to remit the issue back to the Assessing Officer for necessary factual verification.
What were the facts?
The Revenue appealed against an order where the CIT(A) directed the Assessing Officer to verify factual positions. The assessee did not appear, and the appeal proceeded ex parte. The Revenue's sole contention was that the CIT(A) lacked the power to remand for factual verification after an amendment to Section 251(1)(a).
What were the issues?
Whether the CIT(A) has the power to remand an issue to the Assessing Officer for factual verification after amendment of Section 251(1)(a) of the Income Tax Act, 1961.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA BENCH “SMC” KOLKATA
Before: Shri S.S, Godara
O R D E R
More judgments on Section 251(1)(a)
- Sanjay Kumar Jaisinghani, Raipur vs ITO, Ward-3(1), RaipurITA 699/RPR/2026[2019-20]Status: Disposed14 Oct 2026AY 2019-20
- Yogesh Ramdas Ghode, Nashik vs Income Tax Officer, Ward 3(1), NashikITA 508/PUN/2026[2017-18]Status: Disposed6 Oct 2026AY 2017-18
- Income Tax Office, Ludhiana vs Arjun Sood, LudhianaITA 301/CHANDI/2025[2014-15]Status: Disposed5 Oct 2026AY 2014-15
- Income Tax Officer, Ayakar Bhawan vs Arjun Sood, Notrth Avenue OppositeITA 216/CHANDI/2025[2014]Status: Disposed5 Oct 2026
- Mukesh Kumar Sharma, Chandigarh vs ITO Ward 5(5), ChandigarhITA 1037/CHANDI/2026[2014-15]Status: Disposed1 Oct 2026AY 2014-15
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