TMI Blog2011 (3) TMI 605X X X X Extracts X X X X X X X X Extracts X X X X ..... e case of the assessee was required to be individually gone into to ascertain genuineness of the claim for capital loss - The finding in the case of M/s Bemco/Manoj Aggarwal Jewellers (Bemco) and M/s Bishan Chand Mukesh Kumar (BCMK) could not have been mechanically relied upon - Accordingly, the matter was remanded to the Tribunal for fresh decision. - 830 of 2010 - - - Dated:- 28-3-2011 - M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ances of the case, the Hon ble ITAT Bench was justified in following the order dated 26.06.2009 in the case of Sh. Rishi Grover, Prop. M/s. Vishnu Jewellers, Amritsar Versus ACIT in ITA No.198 to 202(ASR)/ 2006, as the said order has not been accepted by the Department on merits on the ground that it is perverse on facts and deficient in law. 3. Whether on the facts and in the circumstances of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it has been prescribed at Rs.4 lac for filing of appeal to the Hon ble High Court). The ITAT, while hearing appeal of the Department in the case, should have regard to the instructions of the Central Board of Direct Taxes and the circumstances under which such appeal was not filed in the case of Sh. Rish Grover, keeping in view the provisions of section 268A of the Income Tax Act, 1961. 4. Whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - (i) Sumati Dayal Vs CIT (1995) 214 ITR 801(SC) (ii) CIT vs. Durga Prasad More (1971) 82 ITR 540 (SC) Learned counsel for the revenue submits that the matter is covered by judgment of this Court dated 8.2.2011 in I.T.A. No.174 of 2009 in CIT v. Sh. Tejinder Singh HUF in favour of the revenue. Therein it was held that the case of the assessee was required to be individually gone into ..... X X X X Extracts X X X X X X X X Extracts X X X X
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