TMI Blog2014 (10) TMI 76X X X X Extracts X X X X X X X X Extracts X X X X ..... in detail - Answer or conclusion has been recorded without reference to facts of the particular year - The factual position can vary and can be materially different – thus, the matter is to be remitted back to the Tribunal for adjudication – Decided in favour of assessee. - ITA 300/2014, ITA 304/2014 - - - Dated:- 24-9-2014 - Sanjiv Khanna And V. Kameswar Rao,JJ. For the Appellant : Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disposed at this stage itself. 3. The impugned order dated 26th April, 2013 passed by the Income Tax Appellate Tribunal ( Tribunal , for short) related to four assessment years i.e. 2005-06, 2006-07, 2007-08 and 2008-09. 4. The Tribunal in the impugned order has referred to the facts relating to assessment year 2005-06. This was the first year, in which the appellant-assessee changed the na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e had dismissed ITA Nos.301/2014 and 302/2014, but notice was issued in the present ITAs, which relate to assessment years 2007-08 and 2008-09. In these years, we notice that the Assessing Officer did not deal with the facts, but simply followed his predecessor s order for the assessment years 2005-06 and 2006-07 to hold that the transactions relating to shares treated by the appellant-assessee as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cording as under:- In other assessment years also, the frequency of transactions were quite large. Learned CIT(Appeals) has reproduced the details of transactions and observed that some of the shares were kept only for one, two or three days. . .. As far as other years are concerned, we do not find any merit in the appeals of assessee on this issue. The assessee has to be t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
