Case Law Details
CA Sandeep Kanoi
Gujarat Alkalies and Chemicals Ltd. vs ACIT (Gujrat High Court)
Brief Facts of the Case- A grievance, which is voiced by Shri J.P. Shah, learned Counsel appearing on behalf of the appellant, is that while remanding the matter to the Assessing Officer with respect to disallowance of Rs.1,89,17,094/- towards the lease rent paid, the tribunal has directed the Assessing Officer to take a fresh decision in light of the decision of the Special Bench of the tribunal rendered in the case of IndusInd Bank Ltd. It is submitted that as such the Assessing Officer is required to take a fresh decision in accordance with law and considering the decision on the issue prevailing at the time of deciding the matter.
It is submitted that therefore the remand should not be restricted only to take a fresh decision in light of the decision of the Special Bench of the tribunal in the case of IndusInd Bank Ltd. only and, therefore, it is requested to make a suitable observation/clarification that, on remand, the Assessing Officer to take a fresh decision in accordance with law and the case law at the time when he decides the matter.
Held by High Court
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