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TMI Blog2016 (5) TMI 143X X X X Extracts X X X X X X X X Extracts X X X X ..... re A-11) passed by the Tribunal is set aside and the matter is remitted to the Tribunal to adjudicate the same afresh after hearing learned counsel for the parties and by passing a speaking order in accordance with law. The appeal stands disposed of. - ITA No. 305 of 2009 - - - Dated:- 1-9-2015 - MR. AJAY KUMAR MITTAL AND MR. RAMENDRA JAIN., JJ. For The Appellant : Mr. Sanjay Bansal, Senior Advocate with Mr. B.M. Monga, Advocate For The Respondent : Mr. Tajender K. Joshi, Advocate AJAY KUMAR MITTAL, J. 1. This appeal has been preferred by the assessee under Section 260A of the Income Tax Act, 1961 (in short the Act ) against the order dated 12.12.2008 (Annexure A-11) passed by the Income Tax Appellate Tribunal, Delhi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s bad in law on account of notice under Section 143(2) issued to the appellant herein being time barred in view of the express provisions of Section 143(2) of the Income Tax Act, 1961? (v) Whether the Tribunal misdirected itself in law as well as on facts in recording its conclusion based on irrelevant findings while reversing the order of the CIT(A)? (vi) Whether the impugned order passed by the Tribunal is perverse, contrary to judicial discipline and institutional integrity and as a result of non application of correct principles of law to factual position emerging from the material on record? 2. The facts, in short, necessary for adjudication of the instant appeal as narrated therein are that consequent to the acquisition of ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n is disputed in appeal before this Court. The Assessing Officer vide assessment order dated 23.12.2002 (Annexure A-1) assessed the enhanced compensation of ₹ 28,37,047/- for the assessment year 2000-01 in the status of individual. Feeling aggrieved, the assessee filed an appeal before the Commissioner of Income Tax (Appeals) [for brevity the CIT(A) ]. The CIT(A) dismissed the appeal of the assessee against which the assessee filed an appeal before the Tribunal. The Tribunal vide order dated 13.7.2004 (Annexure A-2) set aside the assessment order (Annexure A-1) and remanded the matter back to the Assessing Officer for deciding the question in the light of the decision of the Karnataka High Court in Chief Commissioner of Income-Tax an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. The Tribunal vide order dated 11.1.2007 (Annexure A-7) restored the matter to the CIT(A) for the assessment year 2001-02 for adjudication in accordance with law. In pursuance thereto, the CIT(A) vide order dated 5.2.2008 (Annexure A-8) allowed the appeal and annulled the assessment against which the revenue filed an appeal before the Tribunal which is pending adjudication. The Income Tax Officer made re-assessment for the assessment year 2000-01 vide order dated 14.2.2006 (Annexure A-9) on being set aside by the Tribunal and assessed the enhanced compensation of ₹ 28,37,047/- again in the status of 'individual' even when the return was filed in the status of 'HUF'. The said order was challenged before the CIT(A) who ..... X X X X Extracts X X X X X X X X Extracts X X X X
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