2009 (4) TMI 817

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....viraja Pandian J.-The Revenue on appeal against the order of the Income-tax Appellate Tribunal, Madras " C" Bench, Chennai, dated September 5, 2008, passed in I. T. A. No. 933/Mds/2007 relating to the assessment year 2004-05 by formulating the following substantial questions of law : "1. Whether, on the facts and circumstances of the case, the Tribunal was right in deleting the disallowance mad....

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....ssioner of Income-tax (Appeals) allowed the appeal in favour of the assessee. On further appeal at the instance of the Revenue, the Tribunal confirmed the order of the Commissioner of Income-tax (Appeals). The correctness of the same is now canvassed before us by filing this appeal. Learned counsel appearing for the Revenue submitted before this court in respect of earlier years in the assessee....

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.... in the business of laying road and also a Government of Tamil Nadu Co. incorporated as a nodal agency for implementation of the Industrial policy in the State of Tamil Nadu and for creation of infrastructure facilities such as road system highways bridge projects in the State on a commercial frame work. On the above said finding of fact, the Commissioner (Appeals) has come to the conclusion that ....