Remittance for Fresh Consideration

In a recent legal development, a case has been remitted back to the High Court for fresh consideration. The Court’s decision to set aside the previous view taken and allow the appeal indicates the importance of a thorough and detailed analysis of the issues at hand. This move emphasizes the need for a comprehensive review of the facts and evidence before arriving at a final decision. Stay tuned for further updates on the upcoming hearing scheduled for 18.04.2022.

Facts

  • Assessing Officer added Rs.7,78,00,000 to the total income of the assessee for Assessment Year 2012-13.
  • CIT (Appeals) found Rs.6,36,50,000 properly explained by the assessee, but Rs.1,41,50,000 remained unexplained.
  • High Court disposed of Income Tax Appeal No.137 of 2018 with one paragraph order without discussing the issues in detail.
  • Appeal allowed, view taken by High Court set aside, and the matter remitted back to the High Court for fresh consideration.
  • Income Tax Appeal No.137 of 2018 to be listed before the High Court on 18.04.2022 for fresh decision.

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Decision

  • The appeals are allowed and restored to the file of the High Court for fresh consideration.
  • The appeals will be listed before the High Court on 18.04.2022.
  • No observations on the merits of the matter were made due to remittance for fresh consideration.
  • The appeal is allowed with no order as to costs.

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Case Title: PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL) Vs. M/S MOTISONS ENTERAINMENT INDIA PVT. LTD. (2022 INSC 273)

Case Number: C.A. No.-001893-001893 / 2022

Click here to read/download original judgement

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