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2018 (11) TMI 1176

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..... the revenue. In such circumstance, it would be appropriate to remand the matter back to the Tribunal to decide the appeals and the cross-objections afresh after examining the facts of each case in detail. - ITA No. 245 of 2016 (O&M) in/and Cross objection No.73-CII of 2017, ITA No. 274 of 2016 (O&M), ITA No. 306 of 2016 (O&M) in/and Cross Objection No.74-CII of 2017, ITA No. 273 of 2016 (O&M), ITA No. 361 of 2017 (O&M), ITA No. 400 of 2017 (O&M) And IT - - - Dated:- 25-10-2018 - MR AJAY KUMAR MITTAL AND MR AVNEESH JHINGAN, JJ. For The Revenue : Mr. Rajesh Katoch, Senior Standing Counsel For The Assessee : Mr. Divya Suri, Advocate ORDER AVNEESH JHINGAL, J. This order shall dispose of six appeals and two c .....

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..... 6. 3(Asr)/20 15 The Pr. Commissioner of Income Tax (Central), Ludhiana Versus M/s K.C. Land Finance Ltd., Nawanshahar 2009-10 21.02.2017 3. The facts are being extracted from ITA No. 245 of 2016. The revenue has filed the appeal under Section 260A of the Income Tax Act, 1961 (for short 'the Act'), against the order dated 30.03.2016 passed by the Income Tax Appellate Tribunal, Division Bench, Chandigarh (for short 'the Tribunal') passed in ITA No. 751/Chd/2014 The assessment year involved is 2009-10. 4. The appellant has claimed following substantial questions of law: (i) Whether on the facts and in the circumstances of the case, the .....

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..... e of ₹ 1,22,57,417/-. Invoking the provisions of Section 40A(3) of the Act, the deduction on the cash payments made for purchase of land were disallowed, as the assessee failed to furnish any satisfactory explanation and evidence for justifying the cash payments made. The assessment order under Section 153A read with Section 143(3) of the Act was finalised on 25.03.2013. 6. Aggrieved of the assessment order, the assessee preferred an appeal before the Commissioner of Income Tax (Appeals)-I, Ludhiana (for short 'the CIT(A)). The appeal was dismissed vide order dated 23.06.2014. Further, appeal was filed by the assessee before the Tribunal. The Tribunal vide order dated 30.03.2016 following the decision of this Court in the case .....

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