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TMI Blog2007 (7) TMI 211X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing questions of law arising out of the order of the Tribunal dated January 30, 2006, in I.T.A. No. 6323/ Mum/03: "1. Whether, on the facts and in the circumstances, the Tribunal was justified in setting aside the impugned cash credit of Rs. 7 lakhs in respect of loans from Shri Y.J. Choksi Group and disallowance of interest of Rs. 3,96,964 thereon? 2. Whether, on the facts and in the circ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of cash credits of J.M. Shah group and Y.J. Choksi group. Being aggrieved by the aforesaid order, the assessee filed an appeal before the Commissioner (Appeals) who by an order dated March 30, 2001, restored the issue of the appeal to the Assessing Officer with direction that the issue be determined after affording reasonable opportunity of hearing to the assessee. Being aggrieved by the afore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6323/Mum/03. By a common order dated January 30, 2006, the Income-tax Appellate Tribunal disposed of both the appeals being I.T.A. No. 3020/Mum/01 and I.T.A. No. 6323/Mum/03. By the said order, the Tribunal dismissed the appeal filed by the assessee being I.T.A. No. 3020/Mum/01 thereby confirming the order of the Commissioner of Income-tax (Appeals) in restoring the issue to the Assessing Offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ls, one filed by the assessee challenging the order of the Commissioner of Income-tax (Appeals) in remanding the matter and another appeal filed by the Revenue challenging the order of the Commissioner of Income-tax (Appeals) after remand were heard and disposed of by a common judgment. In this view of the matter, order of the Tribunal passed in I.T.A. No. 6323/Mum/03 cannot be sustained. Accord ..... X X X X Extracts X X X X X X X X Extracts X X X X
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