2020 (10) TMI 1206

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....r.N.Muralikumaran For the Respondent : 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: ....

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....ing the decision of the Hon'ble Bombay High 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 t....

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....missed as such. For the foregoing reasons we dismiss 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 o....