S. MURALIDHAR, J.

1. This is the second round of litigation which, unfortunately, and inevitably is, for reasons explained hereafter, going to lead to a third round of litigation.

2. This appeal by the Assessee under Section 260 A of the Income Tax Act 1961 ('Act') is directed against an order dated 28th October2016 passed by the Income Tax Appellate Tribunal (ITAT) in IT(SS)A No. 77/De1/2012 and IT(SS)A No. 85/Del/2012 for Assessment Year (AY) 2009-10 and Block Period.

3. Admit.

4. Having heard learned counsel for the parties, the following question is framed for determination:

“Did the Income Tax Appellate Tribunal (“ITAT”) fail to adhere to the specific mandate issued to it by this Court in the previous order dated 25th November, 2013 in CIT v. Arun Malhotra (2014) 363 ITR 195(Del)?”

5. The background facts of the present case have been set-out in considerable detail in the previous order of this Court in CIT v. Arun Malhotra (supra) and need not be repeated in extenso. While setting aside the previous order of the ITAT dated 5th August 20008, this Court directed as follows:

“24. In view of the aforesaid, we answer the questions of law in favour of the Revenue and against the re