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Income Tax Appellate Tribunal, DELHI BENCH: ‘SMC-I’ NEW DELHI
Before: SMT DIVA SINGH
The present appeal has been filed by the assessee assailing the correctness of the order dated 04.07.2014 of CIT(A), Ghaziabad pertaining to 2009-10 assessment year on various grounds.
The common stand of the parties before the Bench was that the issue is covered by the order dated 08.04.2016 in & 5897/Del/2014 as the issue of ownership qua the very same property had been restored to the AO by the ITAT and thus the finding herein would depend on the conclusion arrived at therein thus the issue may be restored. On considering the material available on record and the aforesaid order of the ITAT, it is seen that the stand of the parties in the facts as they stand is justified. It is only after the claim of ownership is established alongwith the sources that the issue can be decided. Accordingly, in view of the above, the impugned order is set aside and the issue is restored to the file of the AO with a direction to pass a speaking order in accordance with law after giving the assessee a reasonable opportunity of being
I.T.A .No.-5898/Del/2014 heard. The said order was pronounced on the date of hearing itself in the open Court. 3. In the result, the appeal of the assessee is allowed. The order is pronounced in the open court on 30th of August, 2016.