2012 (5) TMI 24

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.....JOSE JOSEPH, SC, FOR INCOME TAX   For Respondent: SMT.ANITA RAMACHANDRAN ADV.SRI.K.ANAND   J U D G M E N T   Ramachandran Nair, J.   The connected appeals are filed by the Revenue raising a major objection in the assessee pressing a ground before the Tribunal contrary to the undertaking given in this Court while disposing of the assessment appeal, namely ITA No.99/....

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....ard, learned Senior counsel appearing for the assessee after taking instructions from the subsidiary company submitted that in the Income Tax Appeal that was pending against the assessment of closing stock of the subsidiary company, they will not press that ground thereby accepting the closing stock of that company to be treated as opening stock for assessment. We accordingly disposed of I.T.A. No....

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....did not inform the Tribunal about the above judgment and the matter was argued on merit, which led to impugned orders issued by the Tribunal. The consequence of this conduct of the assessee is that the Department was disabled from contesting the Tribunal's order at the hands of the holding company and the Department's appeal was dismissed. In the normal course, we should have imposed heavy cost....