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TMI Blog2015 (1) TMI 472X X X X Extracts X X X X X X X X Extracts X X X X ..... light of the fact that we have affirmed the order of remand dated 04.12.2000 passed in appeals filed by the assessee. There is no error of law in the exercise of jurisdiction by the Tribunal in holding the gifts made by Sh. Surinder Kumar Maheshwari to the Assessee and his two brothers almost in equivalent amounts to each to be genuine without adjudicating upon the capacity of the donor and in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kash Maheshwari, ITA No. 218 of 2001 (Commissioner of Income Tax (Central), Ludhiana Vs. Ravinder Kumar Maheshwari and ITA No. 200 of 2001 (Commissioner of Income Tax (Central), Ludhiana Vs. Subhash Chander Maheshwari), filed by the revenue challenging order dated 04.12.2000 restoring the assessment to file of the Assessing Officer on the following substantial questions of law :- i) Whether, o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in the hands of the Assessee, the same should be off-set with the surrender in the firm in which the Assessee is a partner to the extent of his share. Counsel for the revenue submits that as the Assessing Officer had recorded a legally valid opinion as to the nature of foreign gifts, the Income Tax Appellate Tribunal (hereinafter referred to as the 'Tribunal') had no jurisdiction whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . After remand by the Tribunal, the Assessing Officer framed a fresh assessment. The assessment was once again set-aside by the Tribunal. The Assessing Officer proceeded to frame a third assessment which is subject matter of ITA Nos. 99, 128 and 204 of 2013, which shall be decided by a separate order. The order passed by the Tribunal having been implemented by the Assessing Officer and having o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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