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2019 (4) TMI 1041 - HC - Income TaxExemption under Section 10(2A) - receipt on retirement from partnership firm - chargeability of the receipt as capital gain - question of applicability of the judgments of the Supreme Court - HELD THAT:- In view of the facts on record, which do not seem to be in any manner disputed, the question of applicability of the judgments of the Supreme Court would arise. The applicability of the decision of the Gujarat High Court in case of CIT Vs. Mohanbhai Pamabhai 1971 (9) TMI 56 - GUJARAT HIGH COURT] as confirmed by the Supreme Court in case of CIT Vs. Mohanbhai Pamabhai [1987 (2) TMI 59 - SUPREME COURT] the decision of the Supreme Court in case of Sunil Siddharthbhai Vs. CIT [1985 (9) TMI 7 - SUPREME COURT] as also the decision of the Supreme Court in case of CIT Vs. R. Lingmallu Raghukumar [1997 (1) TMI 74 - SUPREME COURT] would have to be examined. Since this has not been done at the level of the Tribunal, we are of the opinion that it would be a better option that the Tribunal at first instance undertakes such exercise. Only on this ground, the impugned judgment of the Tribunal is set aside. Tribunal is requested to decide the appeals afresh on merits after considering the contentions of both sides
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