9911796707
TMI Blog2019 (9) TMI 156X X X X Extracts X X X X X X X X Extracts X X X X ..... fession of Bishan Chand Mukesh Kumar - Tribunal has remanded the matter back to the Assessing Officer for the purpose of recording further evidence, after observing that the appellant had not led any evidence to establish the sale of jewellery by her to Bishan Chand Mukesh Kumar - HELD THAT:- We are not inclined to interfere with the remand made by the Tribunal. We may only observe that the observations/ findings made and returned by the Tribunal in the impugned order qua the sufficiency of the evidence led by the appellant, and the evidentiary value of the said evidence, at this stage, can be regarded as finding only for the purpose of justifying the remand. The said findings though cannot be said to be perverse, but since the order of re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the learned Assessing Officer as well as by the CIT (Appeals). However, the appeal of the appellant was allowed on merits. Those objections were raised before the ITAT as well in the appeal preferred by the Revenue. The learned ITAT decided the appeal against the Revenue in ITA 1376/2007 vide order dated 12.01.2009 . The said decision was rendered by the learned ITAT on merits, and the cross-objections of the appellant had not been considered. 4. Against the said decision, the Revenue had preferred ITA 764/2010, which was disposed of vide order dated 14.03.2012. The order passed by this Court reads as follows: The issue raised in these appeals pertains to the alleged bogus sale of jewellery by the assessees to e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g, nor has Hon ble High Court directed this Tribunal to decide the legal issue that was taken by assessee before this Tribunal. Accordingly in our considered opinion the Cross Objection raised by assessee at this juncture as on today does not arise out of the directions passed by Hon ble High Court vide order dated 14/03/2012 in a group of cases wherein assessee has been one of the respondent in ITA No. 764/2010. Accordingly we dismiss the Cross Objection raised by assessee. It is not open to challenge the reopening by assessee before any forum as this has attained finality by the order of Hon'ble High Court as on date. 6. The submission of learned counsel for the appellant is that since the earlier appeal had been preferre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... place reliance on the statement dated 17.10.2005 of Bishan Chand, partner of Bishan Chand Mukesh Kumar. He submits that the Tribunal records in the impugned order that the Jeweller Bishan Chand Mukesh Kumar had admitted that no jewellery was purchased from the appellant, and cheques were issued on commission. He submits that no such admission was made by Bishan Chand. He has also sought to place reliance on the finding returned by the Ld. CIT (Appeals) that the description of the items of jewellery disclosed in the VDIS is same as the items sold by the appellant to the jeweller Bishan Chand Mukesh Kumar. 10. The Tribunal has remanded the matter back to the Assessing Officer for the purpose of recording further evidence, after obser ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
