2014 (12) TMI 1211

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..... l has based its opinion on an earlier order which has been set-aside, it would be necessary for the Tribunal to adjudicate the appeal filed by the assessee afresh and in accordance with law. In view of the consensus between counsel for the parties, the appeals are allowed. The order passed by the ITAT is set-aside and the Tribunal is directed to decide the appeals afresh and in accordance with .....

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..... 12 on the following substantial questions of law :- i) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding the gifts made by Sh. Surinder Kumar Maheshwari to the assessee and his two brothers almost in equivalent amounts to each to be genuine without adjudicating upon the capacity of the donor? ii) Whether, on the facts and in the circumstanc .....

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..... e issue to file of A.O. with certain direction? Counsel for the parties are ad-idem that as the Tribunal has based its opinion on an earlier order which has been set-aside, it would be necessary for the Tribunal to adjudicate the appeal filed by the assessee afresh and in accordance with law. In view of the consensus between counsel for the parties, the appeals are allowed. The order passed .....

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