GlossaryCMPWhat is a Remand?
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What is a Remand?

A remand is an appellate order sending a matter back to the lower authority for fresh consideration, usually because facts were not properly examined or natural justice was not observed.

Bare Law Reference: Sections 250, 254

Detailed Explanation

How it works

The Tribunal may set aside an order and restore the matter to the Assessing Officer or the Commissioner (Appeals) for a fresh decision, commonly where evidence was not admitted, a finding was recorded without enquiry, or the assessee was not heard. A remand is not a victory on merits — it restarts the process, with the attendant delay and further interest exposure, which is why an assessee with a strong legal point will often press for a decision rather than a remand.

Frequently asked questions

Is a remand a win?

Not on merits. The issue remains open and returns to the lower authority for fresh consideration, with interest continuing to accrue.

Can a remand order itself be appealed?

Yes, a remand order of the Tribunal can be carried to the High Court where it gives rise to a substantial question of law.

Key Takeaways

  • Sends the matter back rather than deciding it on merits.
  • Restarts the process and lets interest continue to accrue.
  • Often worth resisting where the legal point is strong enough to be decided.