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2014 (7) TMI 643 - BOMBAY HIGH COURTRectification application u/s 254(2) – assessment order was passed u/s 153A - Genuineness of claim of capital gain – Amount claimed as income from other sources u/s 68 – tribunal in another case of the assessee has taken contrary stand - Held that:- Even if one accepts the observations of the Tribunal in the impugned order dated 18.10.2013 that the order dated 20.10.2010 of the Tribunal in regular assessment proceedings is incapable of being implemented in view of Section 153(2A) of the Act. This by itself would not eradicate the finding of fact by the Tribunal in its order dated 20.10.2010. On merit of its application, the Tribunal may come to finding that in view of certain further facts available in the search and seizure appeal, the findings in order dated 20.10.2010 of the Tribunal may not apply to the present appeal. However, the order of the Tribunal dated 20.10.2010 in regular assessment proceedings cannot be shut out at the threshold. - Tribunal directed to recall its order dated 30.1.2013 – Decided in favour of assessee.
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