2012 (5) TMI 144

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....k Trivedi   Heard Shri Shambhu Chopra, learned counsel for the appellant and Shri Ashok Trivedi, learned counsel for the assessee.   This appeal under Section 260-A of Income Tax Act, 1961 has been filed by the department against the judgment and order dated 10.1.2001 passed by the Income Tax Appellate Tribunal in I.T.A No. 113 (Alld) of 1984 for the Assessment Year 1976-77. The....

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....IT (Appeal) to that extent and directed the Assessing Officer to readjudicate the issue relating to the difference of Rs. 5,62,989/-. While considering the appeal of the revenue in paragraph 47 and 48, the Tribunal observed that since the issue has already been dealt with while deciding the Appeal No. 1(k) and it having upheld the order of CIT(A) in allowing the relief of Rs. 34,63,135 /-, no meri....

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....mand by its award published on 29th April, 1977. The order was challenged in the High court and thereafter in the Supreme Court. By interim order Supreme Court has directed initially to pay 50% of the increase but by subsequent order dated 24th August, 1983 the appeal of the assessee was dismissed and in consequence of dismissal of the appeal of asssessee, the order of the Tribunal was upheld. The....

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....lowance, the fact that no provision was made or no actual payment was made are inconsequential. This appeal was admitted on following two questions:- "1. Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal was legally correct in upholding action of the Commissioner of Income Tax (Appeals) in allowing relief of Rs. 34,63,135/- in respect of disallowance....