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TMI Blog2012 (3) TMI 174X X X X Extracts X X X X X X X X Extracts X X X X ..... received was loan or deposit. This aspect has not been considered and examined by the tribunal in spite of the specific findings recorded by the A.O. and the CIT (Appeals). Therefore, an order of remit is passed to the Tribunal to decide the appeal afresh after recording factual finding – Decided in favor of Revenue. - ITA 857/2011 - - - Dated:- 5-3-2012 - MR. JUSTICE SANJIV KHANNA, MR. JUS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as levied on account of Rs. 21,97,500/- received in cash by the respondent-assessee from Pradeep Aggarwal and Kaveri Aggarwal. The Assessing Officer, in this connection, has referred to the assessment order in the quantum proceedings wherein the nature and character of the aforesaid deposit/transaction has been discussed in detail and the terms loan and deposit were examined. The Assessing Officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e factual matrix or given any finding either affirming or contrary to the finding recorded by the Assessing Officer/CIT (Appeals). The tribunal referred to the decision of the Jaipur Bench in the case of Jagvijay Auto Finance Pvt. Ltd. Vs. ACIT, 52 ITD 504 and held as under:- 4. We have considered the facts of the case and submissions made before us. A coordinate bench of the Tribunal has already ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad occasion to deal with Section 271D of the Act in ITA No.1192/2011 decided on 21st November, 2011. We had examined the decision of Jharkhand High Court in M/s Bhalotia Engineering Works Pvt. Ltd Vs.Commissioner of Income Tax (2005) 275 ITR 399 and reference was made to the decisions in Baidya Nath Plastic Industries (P) Ltd. and Ors vs K.L. Anand (1998) 230 ITR 522 and Director of Income Tax (Ex ..... X X X X Extracts X X X X X X X X Extracts X X X X
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