Case Law Details
Sanmar Speciality Chemicals Ltd. Vs ITO (Madras High Court)
Tribunal has no power under the Income Tax Act to enhance the assessment in an appeal. Equally, it cannot be done on an order of remand being passed by the Tribunal to the Assessing Officer. Therefore, we opine that it is sufficient to clarify the legal position as held by the Honble Supreme Court in Hukumchand Mills Ltd., case and in MCORP Global (P) Ltd. case followed by the High Court of Gujarat in Fidelity Shares and Security Ltd., Vs. Deputy Commissioner of Income Tax case. The Assessing Officer, while reconsidering the matter on remand, should bear the above legal principle in mind and the assessee cannot be denied whatever benefit he has granted in the Assessment Order .
FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT
Heard Mr. Vijayaraghavan, learned counsel appearing for the appellant and Mr.T.R.Senthil Kumar, learned counsel appearing for the respondent.
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