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TMI Blog2020 (7) TMI 692X X X X Extracts X X X X X X X X Extracts X X X X ..... ender any finding as regards the effect of decision in the case of Sanjeev Lal [cited supra] on the assessee's case and leave it to the decision of the CIT(A) to consider the same and take a decision, in accordance with law. Tax Case Appeal is allowed and the observations made by the tribunal that the date of acquisition cannot be taken as 27.02.2002, is set aside and the matter is remanded to the CIT(A), to take a fresh decision on merits and in accordance with law. - Tax Case Appeal No.858 of 2019 - - - Dated:- 21-7-2020 - HONOURABLE MR. JUSTICE T.S. SIVAGNANAM and HONOURABLE MRS.JUSTICE V. BHAVANI SUBBAROYAN For Appellant : Mr. G. Baskar For Respondent : Mrs. R. Hemalatha Senior Standing Counsel JUDGMENT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the proceedings initiated under Section 269UD(1) of the Act, by the appropriate authority under the Income Tax Act, which order was set aside. Therefore, the tribunal opined that the date of acquisition cannot be considered as 27.02.2002. 6. The learned counsel appearing for the appellant/assessee submitted that after the decision of the tribunal, the Hon'ble Supreme Court in the case of Sanjeev Lal Vs. Commissioner of Income-Tax, Chandigar, reported in [2014] 365 ITR 389 (SC) has held that where the assessee executed an agreement to sell in respect of a house property, purchased a new residential property within one year from the date of agreement to sell and subsequently the sale deed could not be executed within a prescribed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... meantime, the Hon'ble Supreme Court in Sanjeev Lal's case [cited supra] has rendered a decision, it would be just and proper to permit the CIT(A) to take a decision on merits in its entirety instead of remanding the matter for a limited purpose. We do not propose to render any finding as regards the effect of decision in the case of Sanjeev Lal [cited supra] on the assessee's case and leave it to the decision of the CIT(A) to consider the same and take a decision, in accordance with law. 12. For the above reasons, the Tax Case Appeal is allowed and the observations made by the tribunal that the date of acquisition cannot be taken as 27.02.2002, is set aside and the matter is remanded to the CIT(A), to take a fresh decisi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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