Tribunal grants partial appeal, remands for cross-examination, citing section 153C

The Tribunal partially allowed the appeals, setting aside the CIT(A) orders on various grounds, including denial of cross-examination rights and an additional legal ground on jurisdiction under section 153C. The cases were remanded to the CIT(A) for further consideration, providing the appellant with the requested opportunity for cross-examination.

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Issues:
1. Appeal against CIT(A) orders for assessment years 2007-08, 2011-12 & 2012-13.
2. Dispute over short-term and long-term capital gains.
3. Challenge to provisions of section 50C.
4. Addition of income under section 69C.
5. Denial of natural justice and cross-examination rights.
6. Additional legal ground raised on jurisdiction under section 153C.

Issue 1: Appeal against CIT(A) orders for assessment years 2007-08, 2011-12 & 2012-13:
The appellant contested various aspects of the CIT(A) orders for different assessment years, including the treatment of capital gains and additions made by the Assessing Officer. Specific grounds of appeal were raised challenging the decisions of the CIT(A) on these matters.

Issue 2: Dispute over short-term and long-term capital gains:
The appellant disputed the attribution of short-term capital gains to the individual appellant instead of the AOP, claiming the gains belonged to the AOP. Additionally, challenges were made against the addition of long-term capital gains by the Assessing Officer, seeking their deletion in the interest of justice.

Issue 3: Challenge to provisions of section 50C:
The appellant contested the application of section 50C in the case, arguing that it should not be applicable. The disagreement with the CIT(A) on this matter was a significant point of contention in the appeal.

Issue 4: Addition of income under section 69C:
The appellant challenged the addition made under section 69C by the Assessing Officer, seeking its deletion as unjustified and in the interest of justice. The CIT(A) decision to sustain this addition was a key issue raised in the appeal.

Issue 5: Denial of natural justice and cross-examination rights:
The appellant raised concerns regarding the denial of natural justice by the CIT(A) in not allowing cross-examination of relevant parties whose statements were used against the appellant. This lack of opportunity for cross-examination was a significant point of contention in the appeal.

Issue 6: Additional legal ground raised on jurisdiction under section 153C:
An additional legal ground related to the jurisdiction for making assessments under section 153C was raised by the appellant. The Tribunal allowed this ground for further consideration by the CIT(A) due to its legal nature and relevance to the assessment process.

In conclusion, the Tribunal partially allowed the appeals for statistical purposes, setting aside the CIT(A) orders on various grounds, including the denial of cross-examination rights and the additional legal ground related to jurisdiction under section 153C. The cases were remanded to the CIT(A) for further consideration and providing the appellant with the opportunity for cross-examination as requested.

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