FIFTH AVENUE Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) Leave granted.

(2.) In this case the grievance made by the appellant (assessee) is that although the High Court had specifically formulated the following question, quoted hereinbelow, it has failed to answer the said question which reads as follows:

(3.) We find merit in this contention. However, we find from the impugned judgment that there was another question, besides the question quoted hereinabove, which has been remanded by the High Court to the A.O. [See: para '8 of the impugned judgment]. Therefore, in our opinion the above-quoted question is also being remanded to the A.O. for fresh consideration in accordance with law. In short, the above question, in addition to the question remanded by the High Court, is also being remitted to the A.O.