2014 (4) TMI 211

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....EEVI.CS, SRI. ROSIE ATHULYA JOSEPH FOR THE RESPONDENT : SRI JOSE JOSEPH, SC JUDGEMENT Per : Manjula Chellur : The admitted facts that arise for consideration in the above appeal are as under:- The appellant assessee had sold his property on 16.03.2007 and purchased land along with a house which alleged to have been renovated by him on 05.09.2007. When he claimed deduction under Sect....

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.... (2004) 266 ITR 1 (SC). Aggrieved by the said order of the Tribunal, the appellant is before us. 3. The substantial questions of law arises for consideration of this Court are as under:-     "(i) in the facts and circumstances of the case, ought not the Tribunal have dismissed the appeal filed by the revenue?     (ii) In the facts and circumstances of the cas....

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....he facts of the case pertaining to the appellant on par with the facts of the case in the other two connected appeals. Those two appeals were filed, one by the Revenue and another by the assessee. 5. Then second argument is, placing reliance on the case of Prakash Nath Khanna supra is unjustified as the facts in the said case are totally different from the facts of the present case. In other wo....

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....f the Act. Learned Standing Counsel further submits, the decision in Prakash Nath Khanna supra though was with reference to Section 276CC, Section 139 was discussed with reference to the word `due time'. Therefore, placing reliance on the said judgment is justified. 7. So far as the facts of the present case, we have already stated above, it is possible that facts of the other appeal consid....