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TMI Blog2011 (2) TMI 249X X X X Extracts X X X X X X X X Extracts X X X X ..... in all the above questions have been answered in favour of the revenue after hearing the parties and the matter has been remanded to the Tribunal for fresh decision - Remand the matter to the Tribunal for fresh decision on merits in accordance with law after hearing the concerned parties. - I.T.A. No.370 of 2009 - - - Dated:- 28-2-2011 - MR. JUSTICE ADARSH KUMAR GOEL, MR. JUSTICE AJAY KUMAR M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ending on 14.9.1999 claiming following substantial questions of law:- 1. Whether the Ld. Tribunal is right in holding at page 68 of the order that the office note dated 21.05.2001 which was appended to 158BC order dated 21.5.2001 and is part of the said order, does not constitute a satisfaction note within the parameter of Section 158 BD of the Income Tax Act, 1961 in respect of the person w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al is right in holding that there has been delay in recording of satisfaction prior to issue of notice u/s 158 BD of the Act whereas the Tribunal has itself observed that the satisfaction note dated 21.05.2001 referred to in Qus.No.1 above is within the period of limitation. And, when the statute has not prescribed any time limitation for issue of notice u/s 158BD of the Act? 4. Whether the Ld ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all the above questions have been answered in favour of the revenue after hearing the parties and the matter has been remanded to the Tribunal for fresh decision. 4. Even though ordinarily we would have issued notice to the assessees, we consider it to be unnecessary having regard to the fact that the matter is covered and is being remanded to the Tribunal. 5. Accordingly, while disposing of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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