CUREWEL (INDIA) LTD Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) The following questions of law arise for our consideration:

(2.) We have heard learned counsels and proceed to answer the aforesaid questions. The Assessing Officer passed the assessment order in respect of the assessment year 2002-03 under Section 144 of the Income Tax Act on 30.03.2005. Eventually, on 07.01.2009, the Income Tax Appellate Tribunal (ITAT) set aside the matter to the file of the Assessing Officer to adjudicate afresh after considering the documents and submissions of the assessee. The Assessing Officer then passed a fresh assessment order on 01.12.2009 under Section 143(3) read with Section 254 of the Act, making certain additions and disallowances. The said order was upheld by the CIT (A) on 20.10.2010.

(3.) On further appeal, once again, the ITAT vide order dated 10.03.2011, set aside the matter to the file of the Assessing Officer with a direction to re-framing a fresh assessment. While passing this order, the Tribunal observed in paragraph 5 as follows: