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TMI Blog2020 (10) TMI 1206X X X X Extracts X X X X X X X X Extracts X X X X ..... dent : Mr.R.Sivaraman JUDGMENT ( Judgment of the Court was made by Dr. VINEET KOTHARI , J. ) The present appeals have been filed by the Revenue raising the following purported questions of law arising from the order of the learned Tribunal dated 28.09.2007. The relevant portion of the order of the learned Tribunal is quoted below for ready reference: "12.On a consideration of the rival subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court decision cited supra, directly support the contention of the assessee. The year of chargeability as taken by the AO is one of the possible view and it is not proved to be erroneous. At the same time the capital gains were subjected to tax in the subsequent asst. years 1998-99 to 2000-01. These facts are not in dispute. Under the circumstances the order u/s 263 cannot be said to be prejudic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... both the appeals of the assessee in respect of orders giving effect to sec.263 orders." 2.The question of law as suggested in the appeals are quoted below for ready reference:- "Whether in the facts and circumstances of the case, the Tribunal was right in setting aside the order of CIT under section 263 on the ground that the order of reassessment proceedings cannot be treated as prejudicial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7-98, still by resorting to Section 263 of the Act, it cannot be said to be prejudicial to the interests of Revenue, as held by the learned Commissioner, which has been rightly set aside by the learned Tribunal by the impugned order and therefore, no question of law arises. 4.Having heard the submissions, we are satisfied that no question of law arises for consideration in the present case, as th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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