2020 (7) TMI 692

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....latha Senior Standing Counsel   JUDGMENT T.S. SIVAGNANAM, J. This appeal filed by the revenue under Section 260A of the Income Tax Act, 1961 (the 'Act' for brevity), is directed against the order dated 27.05.2013 passed by the Income Tax Appellate Tribunal, 'B' Bench, Chennai, in ITA No.261/Mds/2012 for the Assessment Year 2004-05. 2. The appeal was admitted on 13.11.2019 ....

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....rieved by the order of remand, but only with regard to the finding rendered by the tribunal as to what should be the date of sale in the factual situation. Argument of the assessee was rejected by the tribunal because of the fact that there were writ petitions filed before this Court in WP Nos.7910 and 20469 of 2002 challenging the proceedings initiated under Section 269UD(1) of the Act, by the ap....

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....of Section 2(47) of the Act, by even executing agreement to sell. 7. It is submitted that this decision of the Hon'ble Supreme Court was followed by the High Court of Bombay in Amarjeet Thapar Vs. Income Tax Officer, reported in [2019] 411 ITR 0626 (Bom), wherein the Court accepted the case of the assessee that the execution of the sale deed by virtue of the judgment of the High Court would r....

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....ith regard to the date of transfer. 11. In our considered view, since the tribunal has remanded the matter for fresh consideration to the CIT(A), and in the 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 limit....