2010 (1) TMI 498

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....he respondent. JUDGMENT The judgment of the court was delivered by 1. M. M. Kumar J.-This order shall dispose of I. T. A. Nos. 588 and 590 of 2008 as common order has been passed in respect of the assessment years 2003-04 and 2004-05 in respect of the assesseerespondent while deciding I.T. A. Nos. 382 and 383/Chandi/2007 by the Income-tax Appellate Tribunal, Chandigarh (for brevity "th....

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....he aforesaid method has been consistently accepted. 2. When the matter came up before the Commissioner of Income-tax (Appeals) the comments of the Assessing Officer were obtained. The Tribunal after perusal of the comments and order of the Commissioner of Income-tax (Appeals) found that the stand of the assessee-respondent was not controverted when it had claimed that methodology adopted in the....

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....erent assessment years has been found as a fact one way or the other and the parties had allowed that position to be sustained by not challenging that order then it would not at all be appropriate to permit that position to be changed in a subsequent year. The aforesaid view has been widely accepted, followed and applied by the hon'ble Supreme Court in various judgments including the judgment rend....