I.C.D.S. LTD. Vs. COMMISSIONER OF INCOME TAX
LAWS(SC)-2020-2-134
SUPREME COURT OF INDIA
Decided on February 12,2020

I.C.D.S. Ltd. Appellant
VERSUS
COMMISSIONER OF INCOME TAX Respondents


Cited Judgements :-

BALAGANESAN SPINNERS VS. JOINT COMMISSIONER OF CUSTOMS, TUTICORIN [LAWS(MAD)-2021-2-368] [REFERRED TO]


JUDGEMENT

- (1.)Heard counsel for the parties.
(2.)For the nature of order we propose to pass, it is unnecessary to dilate on the factual matrix of the case or analyse the arguments advanced by both sides except to observe that we with the approach of the High Court as well as Income Tax Appellate Tribunal, Bangalore.
(3.)In view of rival submissions and the documents on which reliance has been placed by the respective parties, we would deem it appropriate to relegate the parties before the First Appellate Authority. Be it noted that one of the issues involved is about not extending opportunity to the appellant to cross-examine the witnesses relied upon by the Assessing Officer. If the Department wants to rely on their evidence, it may be necessary to provide opportunity of crossexamination of these witnesses to the appellant, which can be done by the First Appellate Authority itself, namely, Commissioner of Income Tax (Appeals)-I, Bangalore. We say so because both parties intend to rely on some additional documents and circumstances. The First Appellate Authority may reconsider the matter afresh on its own merits in accordance with law including by examining the additional material/circumstances to be produced by the parties. In other words, the entire matter will have to be considered by the First Appellate Authority afresh by giving fair opportunity to both sides to espouse their claim in the remanded appeal(s).
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