S.C : Where cash flow statements submitted by assessee were not supported by document matter to be remitted to Commissioner (Appeals) giving opportunity to assessee to produce relevant document

Supreme Court Of India

M.K. Shanmugam VS. CIT

Section : 68

S.H. Kapadia, Cji And A.K. Patnaik, J.

Civil Appeal Nos. 6902-6903 Of 2012

September 24, 2012

ORDER

1.Heard learned counsel on both sides.

2.Leave granted.

3. Having gone through the impugned judgement of the High Court in CIT v. M.K. Shanmugam [2011] 203 Taxman 136 / 15 taxmann.com 94 (Mad.), we find that the High Court has over-ruled the decisions of the Income Tax Appellate Tribunal and Commissioner of Income Tax (Appeals) [`CIT(A)’, for short] on factual aspects also; for example, the High Court has stated that cash flow statements submitted by the assessee were not supported by documents. If so, the High Court should have remitted the case to CIT(A) giving opportunity to the assessee to produce relevant documents.

4. For the afore-stated reasons, we set aside the impugned judgement of the High Court dated 23rd September, 2011, and remit the case to CIT(A), who will decide the matter uninfluenced by the impugned judgement of the High Court. We further make it clear that all arguments on both sides are expressly kept open.

Accordingly, the civil appeals filed by the assessee are allowed with no order as to costs.

[Citation : 349 ITR 384]

 

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