Fresh decision by AO must be in accordance with law & on merit and not only on the basis of a specific decision

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 fre...