2014 (12) TMI 1066

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....t had received a sum of Rs. 2,90,000/- towards part payment of consideration for the sale of his flat." 2. Mr. Sudin Usgaonkar, learned counsel appearing for the appellant in support of the said substantial question of law has pointed out that the Assessment Officer had taken a view that there was an additional assessment to the extent of Rs. 2,66,000/- in respect of the assessment year 2000-2001 by an order dated 28/2/2006. The appellant thereafter preferred an appeal before the Commissioner of Income Tax (Appeals) which came to be allowed by remanding the matter back to the Assessment Officer to consider the said additional assessment afresh taking into account that the sum of Rs. 2,66,000/- was not pertaining to the concerned assessment....

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.... not examined by the Tribunal and therefore in the interest of justice, it would be appropriate to remand the matter back to the ITAT. The learned counsel thereafter minutely took us through the order of the Assessment Officer as well as the Appellate Authority to point out the fact that the appellant had received a sum of Rs. 2,90,000/- in the financial year ending 31/3/2000 has not at all been examined by the authorities whilst passing the impugned orders. 3. On the other hand, Mrs Asha Dessai, learned counsel appearing for the respondent has supported the impugned order. The learned counsel points out that it is the case of the appellant that Rs. 1.00 lakh was received by cash for the financial year ending 31/3/1999, which the authoriti....