2010 (2) TMI 907

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Income-tax (Appeals) which has been further affirmed by the Income-tax Appellate Tribunal, Bangalore, in I. T. A. No. 1253/Bang/2002, dated July 4, 2005 for the assess-ment year 1997-98.   2. The appeal was admitted to answer the following substantial questions of law :   "(1) Whether the Tribunal was correct in holding that the sales tax and excise duty collected during the assessmen....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nbsp; 4. The learned counsel for both the parties did not dispute that questions Nos. 1 and 2 are answered against the Revenue by the hon'ble Supreme Court in CIT v. Lakshmi Machine Works reported in [2007] 290 ITR 667 (SC). In view of the same, the said questions are answered against the Revenue and in favour of the assessee.   5. So far as the last point is concerned, the question that ha....