SUPREME COURT OF INDIA
M.K. Shanmugam
Versus
Commissioner of Income-tax
S.H. Kapadia, CJI
And A.K. Patnaik, J.
Civil Appeal Nos. 6902-6903 of 2012
September 24, 2012
ORDER
1. Heard learned counsel on both sides.
2. Leave granted.
3. Having gone through the impugned judgement of the High Court in CIT v. M.K. Shanmugam [2011] 203 Taxman 136 , we find that the High Court has over-ruled the decisions of the Income Tax Appellate Tribunal and Commissioner of Income Tax (Appeals) [`CIT(A)’, for short] on factual aspects also; for example, the High Court has stated that cash flow statements submitted by the assessee were not supported by documents. If so, the High Court should have remitted the case to CIT(A) giving opportunity to the assessee to produce relevant documents.
4. For the afore-stated reasons, we set aside the impugned judgement of the High Court dated 23rd September, 2011, and remit the case to CIT(A), who will decide the matter uninfluenced by the impugned judgement of the High Court. We further make it clear that all arguments on both sides are expressly kept open.
Accordingly, the civil appeals filed by the assessee are allowed with no order as to costs.
