COMMISSIONER OF INCOME TAX Vs. MODI BROTHER

JUDGEMENT

(1.) THIS appeal is filed by the IT Department under Section 260a of the IT Act (for short 'the Act') being aggrieved by the order dt. 15th Dec, 2000 passed by the Tribunal, Delhi, in Case No. IT 865/del/1995.

(2.) THE brief facts of the case are that the respondent-assessee deals with foodgrains. In the assessment year the assessee submitted his return showing his income to the tune of Rs. 1,10,829. The assessment was completed under Section 143 (3) of the Act. The assessee was assessed on total income of Rs. 1,58,325.

(3.) BY order dt. 30th March, 1993 the CIT initiated proceeding against the assessee under Section 263 of the Act. On 4th Nov. , 1994 the CIT remanded the case back to the AO by holding that he has not conducted any enquiry as regards to agricultural income of the firm. As per assessee-firm some agricultural income was earned by them individually, which was shown in the capital account. As per the CIT, the ITO should have enquired whether the agricultural income is the income of the assessee-firm or is of the partners of the firm and remanded the matter to the AO. This order was challenged by the assessee-firm by filing an appeal before the Tribunal. The Tribunal has set aside the remand order. Hence, this appeal.