2014 (12) TMI 1066

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..... nt had received a sum of Rs. 2,90,000/- towards part payment of consideration for the sale of his flat." 2. Mr. Sudin Usgaonkar, learned counsel appearing for the appellant in support of the said substantial question of law has pointed out that the Assessment Officer had taken a view that there was an additional assessment to the extent of Rs. 2,66,000/- in respect of the assessment year 2000-2001 by an order dated 28/2/2006. The appellant thereafter preferred an appeal before the Commissioner of Income Tax (Appeals) which came to be allowed by remanding the matter back to the Assessment Officer to consider the said additional assessment afresh taking into account that the sum of Rs. 2,66,000/- was not pertaining to the concerned assessmen .....

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..... s not examined by the Tribunal and therefore in the interest of justice, it would be appropriate to remand the matter back to the ITAT. The learned counsel thereafter minutely took us through the order of the Assessment Officer as well as the Appellate Authority to point out the fact that the appellant had received a sum of Rs. 2,90,000/- in the financial year ending 31/3/2000 has not at all been examined by the authorities whilst passing the impugned orders. 3. On the other hand, Mrs Asha Dessai, learned counsel appearing for the respondent has supported the impugned order. The learned counsel points out that it is the case of the appellant that Rs. 1.00 lakh was received by cash for the financial year ending 31/3/1999, which the authorit .....

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..... out going into the merits of the rival submissions, we find it appropriate to remand the matter back to the ITAT to decide the appeal afresh, in accordance with law. The substantial question of law is answered accordingly. 5. In view of the above, we pass the following order: (a) The impugned order dated 15/2/2007 passed by the Income Tax Appellate Tribunal in ITAT No.206/PNJ/2006 is quashed an set aside. The appeal is restored to the file of the ITAT. (b) The ITAT is directed to decide the appeal afresh after hearing both the parties in accordance with law. (c) In the light of the observations made herein above, all the rival contentions of the parties on merits are kept open. The appeal stands disposed off accordingly.
Case laws, D .....

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