TMI Blog2013 (12) TMI 840X X X X Extracts X X X X X X X X Extracts X X X X ..... ppreciated by the learned Tribunal, while passing the impugned order. In para-9, the learned Tribunal has observed that “due to these reasons, the case laws relied upon by the assessee do not come to its rescue”. Except the above, there is no appreciation and/or consideration by the learned Tribunal with respect to the decisions relied upon by the assessee. - Matter remanded back for fresh decisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in law in sustaining addition u/s.68 of the Act ? [2] The grievance voiced in the present appeal is that number of decisions of the jurisdiction of the High Court as well as learned Tribunal were relied upon and cited on on behalf of the assessee, however, without considering and/or dealing wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out that any of the decisions cited and relied upon by the learned counsel appearing on behalf of the assessee has been dealt with and/or considered by the learned Tribunal. Under the circumstances, he has requested to pass appropriate order. [4] Heard Mr.Deepak Shah, learned advocate appearing on behalf of the appellant assessee and Mr.Sudhir Mehta, learned counsel appearing on behalf of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith allied matters, wherein in para-4, this Court has observed as under: Whenever any decision has been relied upon and/or cited by the assessee and/or any party, the authority/tribunal is bound to consider and/or deal with the same and opine whether in the facts and circumstances of the particular case, the same will be applicable or not ? [6] In view of the above and without further enteri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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