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TMI Blog2022 (12) TMI 402X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent (By Sri K.V. Aravind, Advocate) JUDGMENT P.S. DINESH KUMAR J, This appeal by the assessee challenging the common order dated 02.12.2021 in ITA Nos.771 and 772/Bang/2017 has been filed framing three questions of law which are as under: "1. Whether the Tribunal was justified in not holding that the notices issued under section 148 for the Assessment Years 2006-07 and 2007-08 are without ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt's case". 2. Shri Chandrashekar for the assessee submitted that during search in the premises of M/s Davanam Jewellers Pvt. Ltd. on 02.09.2010, an undated 'agreement to sell' entered into between the assessee and M/s Sobha Developers Limited in respect of property measuring 52152 sq. ft. of land mentioned in the schedule to the agreement was found. Without following due process, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the actual physical possession of the property in question was agreed to be delivered at the time of execution and registration of the sale deed. Therefore the question of taxing the assessee for A.Y.2006-07 and the protective assessment for 2007-08 are bad in law. 4. Sri K.V.Aravind, learned Senior Standing Counsel for the Revenue submitted that assessee among others had raised a ground b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in re-opening the assessment. In addition protective assessment for A.Y.2007-08 has also been completed. 7. We have perused the agreement. Shri Chandrashekar is right in his submission that though the agreement is undated, the stamp paper bears the date of purchase as October 9th, 2009. In paragraph 2 of the agreement, the details of the payments are shown. In paragraph 9 of the agreement, it is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n accordance with law. 10. Hence the following: ORDER (i) Appeal is disposed of. (ii) Matter is remitted to the file of the ITAT for fresh consideration in accordance with law, after disposal of C.A.954/2022 by the Apex Court. (iii) Liberty is reserved to both assessee and Revenue to urge all contentions raised earlier before the ITAT. (iv) In view of the remand order, the questions of law r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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