SH. SURINDER MALIK vs. ASSISTANT COMMISSIONER OF INCOME TAX
What did the High Court hold?
The High Court directed the ITAT to reconsider the remitted issues itself, rather than sending it back to the Assessing Officer, to avoid further delays.
What were the facts?
The assessee claimed deduction under Section 80IA(10) of the Income Tax Act. The ITAT, while acknowledging eligibility, remitted the quantum of profits to the Assessing Officer for reconsideration.
What were the issues?
Whether the ITAT was correct in remitting the quantum of deduction under Section 80IA(10) to the AO, or if it should have decided the issue itself.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1113/2017 and CM APPLS.44222-44223/2017
SH. SURINDER MALIK
..... Appellant Through Mr. Y.K. Kapur, Mr. A.K. Mehta and Mr. Amit Kumar Singh, Advs.
versus
ASSISTANT COMMISSIONER OF INCOME TAX ..... Respondent Through Mr. Zoheb Hossain, Sr. Standing Counsel and Mr. Deepak Anand, Jr. Standing Counsel.
CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA
O R D E R %
06.02.2018
Issue notice. Mr. Zoheb Hossain, ld. Sr. Standing Counsel accepts notice.
With the consent of the ld. counsel for the parties, the appeal was heard finally.
The assessee’s grievance is limited to the fact that Income Tax Appellate Tribunal (ITAT) remitted question as to verification of quantum, which it is entitled to claim deduction of 80IA(10) of the Income Tax Act, 1961 (‘the Act’). The findings recorded by the Authorities below i.e. CIT(A) and ITAT - after a remand order by the latter was that Section 80IA(8) was applicable. The CIT(A) rendered
findings based upon all the relevant materials, which favoured the assessee. The ITAT was of the opinion that although, the appellant’s eligibility for the benefit of Section 80IA stood established, nevertheless the question of quantum of profits allowable is required to be re-considered and remitted the matter for fresh consideration to the Assessing Officer (AO).
This Court, having regard to the circumstances, Assessment Year is 2006-07 and given that the matter had been remitted once previously, is of the opinion that the entire issue (upon which the remit has been directed) should be re-considered by the ITAT itself. If need be, it can obtain the necessary details from the AO, in accordance with law. The impugned order is accordingly modified. The ITAT is directed to consider for itself the issues that were remitted to the AO. The appeal is allowed in the above terms. All the pending applications also stand disposed off.
S. RAVINDRA BHAT, J
A. K. CHAWLA, J FEBRUARY 06, 2018 rc
More judgments on Section 80IA(10)
- ACIT (Cir.) - 6(1)(2), Mumbai vs Bhandar Power Ltd., MumbaiITA 1908/MUM/2018[2013-14]Status: Disposed13 Oct 2025AY 2013-14
- DCIT, Swargate Pune vs Honeywell Automation India Limited, PuneITA 2180/PUN/2024[2010-11]Status: Disposed3 Oct 2025AY 2010-11
- Hazira Port Private Limited, Ahmedabad vs Dy.Commissioner of Income Tax…ITA 265/AHD/2022[2017-18]Status: Disposed26 Sept 2025AY 2017-18
- Sushee Infra & Mining Limited, Hyderabad vs ACIT., Central Circle-2(2), HyderabadITA 1390/HYD/2024[2021-22]Status: Disposed24 Sept 2025AY 2021-22
- Kbs Creation Ltd, Mumbai vs Dy Comm. of Income Tax -Circle 24(1), MumbaiITA 6477/MUM/2024[2021-22]Status: Disposed16 Jun 2025AY 2021-22
Recent GST High Court judgments
Search GST case law →- Basant Kumar Gupta vs. Union Of INDIAPatna · 2 Nov 2026
- M/S Swapnashiyana Homes Developers Private Limited vs. The Union Of INDIAPatna · 2 Nov 2026
- M/S B.K. Agency Under The Proprietor Of Bhola Prasad vs. The Chief Commissioner, CGSTPatna · 2 Nov 2026
- Shree Hanumant Steel Traders vs. Assistant CommissionerChhattisgarh · 1 Nov 2026
- R.K.Service Station, Balasore vs. Commissioner CT And GST Odisha, CuttackOrissa · 31 Oct 2026