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2010 (1) TMI 795

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....rder of the CIT(Appeals)-VI, Mumbai dated 20-03-2006 for the assessment year 2002-03.   2. None appeared on behalf of the assessee despite the issual of notice in the address mentioned at Col. 11 in Form No. 36. The assessee filed a letter dated 19th January, 2010, indicating the fact that he is aware of posting of the appeal. Instead of making efforts to obtain the appeal papers, the assess....

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....han Chemicals Ltd. vs. CIT (245 ITR 769) without appreciating the fact that the department had not accepted the decision and its appeal on merits was pending before the Apex Court and also not appreciating that as per the provisions of Section 145A the same is to be included as an integral part of the turnover.   2. On the facts and in the circumstances of the case and in law, the CIT(A) err....

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....by the A.O.   4. After hearing the learned DR, we find that ground No. 1 is covered against the Revenue and in favour of the assessee by the decision of Hon'ble Supreme Court in the case of Laxmi Machine Tools 290 ITR 677 (S.C.) wherein the decision of Hon'ble Bombay High Court in the case of Sudarshan Chemicals vs. CIT has been upheld. Respectfully following the same, we uphold the order of....

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.... receipt by way of brokerage, commission, interest, rent, charges or any other receipt of similar nature. All these items are connected with the operations of the assessee. Thus we agree with the findings of the CIT(Appeals) and dismiss ground No.2 of the Revenue.   8. Coming to ground No. 3 which is on the issue of adjustment made to arm's length price under Transfer Pricing Regulations, th....