ITAT should rule on appropriatness of existing material before remanding matter back to AO

HIGH COURT OF BOMBAY Mitsui O.S.K. Lines Maritime (India) (P.) Ltd. V/s. Deputy Commissioner of Income-tax-8(2), Mumbai IT APPEAL NO. 426 OF 2012 JULY 17, 2012 ORDER P.C. – The appeal is admitted and with the consent of the parties heard 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 setting aside the order of the CIT (A) and remanding the matter to the AO for fresh adjudication ?” Questions 2, 3 and 4 raised in paragraph III of the appeal would be covered b...