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TMI Blog2014 (1) TMI 1779X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the grievance raised in the appeals of the respective parties have been settled by the decision of the Tribunal in the case of Shri Hitesh S. Mehta in ITA Nos. 9158/M/20, 972/M/11, 207/M/11 & 9159/M/10 which is also part of the Harshad Mehta group of cases. 3. We have carefully perused the orders of the lower authorities and the order of the Tribunal referred to by both parties. 4. Since the Ld. Counsel for the assessee has not pressed ground No. 1,2 & 3 in assessee's appeal, the same are dismissed as not pressed. 5. Grievance raised vide ground No. 4 & 5 and the additional ground are identical to the grievance raised in ITA No. 9158/M/2010. We find that the Tribunal has considered the same at para-4 to 10 on page-4 to 6 of its o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A) to adjudicate afresh along with the adjudication of the respective ground pertaining to the rejection/reliability of the books of accounts." Respectfully following the findings of the Tribunal this issue is restored back to the files of the AO to follow the directions of the Tribunal in A.Y. 2005-06 and 2006-07 as mentioned hereinabove. Ground No. 4 is allowed for statistical purposes. The additional ground raised by the assessee reads as under: "The Ld. CIT(A) ought to have appreciated that as per the decision of Hon'ble Special Court dt. 30.4.2010 in MP. No. 41 of 1999, the assets under consideration and the consequential income belongs to Shri Harshad S. Mehta and hence the income assessed by the AO ought to have been taxed in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e decision of the Hon'ble Supreme Court has to be followed in any case. Accordingly, by admitting the grounds raised by the assessee for all these years, we treat the same as academic in nature." The additional ground raised by the assessee is accordingly dismissed as academic in nature following the observations of the Tribunal in assessee's own case for A.Y. 1994-05 (supra)." Respectfully following the aforestated decision of the Tribunal, appeal filed by the assessee is partly allowed for statistical purposes. 6. Similarly grievance of the Revenue is considered by the Tribunal in ITA No. 972/M/2011 vide para-15 & 16 on page-7 & 8 of its order wherein the Tribunal has held as under: Ground No. 1 (d) and 1(e) relate to charging ..... X X X X Extracts X X X X X X X X Extracts X X X X
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