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TMI Blog2018 (11) TMI 1176X X X X Extracts X X X X X X X X Extracts X X X X ..... shall dispose of six appeals and two cross-objections. In all the cases common issue is involved and hence are being disposed of by a single order. 2. The details of appeals and cross-objections are tabulated below: Sr. No. ITA No. Before Tribunal Parties Name Assessment Year Order dated 1. 751/Chd/ 2014 Cross objection No.73- CII of 2017 Pr. Commissioner of Income Tax (Central), Ludhiana Versus M/s Silver Oaks Township Ltd. 2009-10 30.03.2016 2. 749/Chd/ 2014 Pr. Commissioner of Income Tax (Central), Ludhiana Versus M/s Silver Oaks Township Ltd. 2006-07 30.03.2016 3. 464/Chd/ 2014 Crossobjection u/s 260A(7) of the Act. Pr. Commissioner of Income Tax (Central), Ludhiana Versus M/s Silver Oaks Township Ltd. 2008-09 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee could not prove the business exigency/exceptional circumstances for making the cash payments? (iii) Whether on the facts and in the circumstances of the case, the Hon'ble ITAT has erred in law in allowing the appeal of the assessee by relying on the judgdment of Hon'ble Punjab and Haryana High Court in the case of Gurdas Garg Vs. CIT in ITA No. 413 of 2014 whereas the Income Tax Department has filed a review application in that case?" 5. The assessee-company was a real estate developer. A search was conducted under Section 132 of the Act on 18.02.2011. In response to notice under Section 153A of the Act, the assessee filed return on 10.09.2012 declaring income of Rs. 38,47,940/-. During the course of proceedings, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. 8. Learned counsel for the assessee-company contended that the Tribunal has rightly allowed the appeal after considering the case as per the provisions of Section 40A(3) of the Act. 9. In view of the changed position and the Tribunal being final fact finding authority, it is necessary that the factual aspect of each case is examined afresh. 10. From the perusal of the order of the Tribunal, it is evident that the Tribunal allowed the appeal following the decision of this Court in Gurdas Garg's case (supra). The said order no longer exists as the same has been re-called in a review application filed by the revenue. In such circumstance, it would be appropriate to remand the matter back to the Tribunal to decide the appeals and the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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