This is premium content. Please become a Premium member. If you are already a member, login here to access the full content.
ITAT cannot exercise Power to Remand in a routine manner
Case Law Details
- Case Name
- Microsoft India (R&D) Pvt Ltd Vs DCIT (Delhi High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Delhi High Court
Upgrade to Basic or Premium to download.
Already Upgraded? Log in.
Microsoft India (R&D) Pvt Ltd Vs DCIT (Delhi High Court)
It is well settled law that remand is not a power to be exercised in a routine manner and should be used sparingly, as an exception only when the facts warranted such course of action. In our opinion, when the requisite materials and the intervening decision of the jurisdictional high court was available for deciding the issue urged by the Assessee, the Tribunal ought to have arrived at a conclusion rather than remanding the matter back to the Assessing Officer.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
1. This common order...
