TaxTMI 
TaxTMI 
2012 (8) TMI 144
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....ir, J. - Heard senior standing counsel appearing for the appellant and Shri. Arun Raj appearing for the respondent-assessee. Orders under challenge are those issued by the Tribunal for the assessment years 1995-96 and 1996-97. Even though Tribunal has issued separate orders for both the years the issues raised are almost the same and therefore, we proceed to dispose of the connected appeals by th....
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....r for the next year also. There is no receipt for boat hire charges received by the assessee for the year viz., 1996-97. For the assessment year 1995-96 another issue involved is deduction of bad debts amounting to Rs.4,59,450 from the total turnover which is a denominator to be applied for working out relief under Section 80HHC. The Tribunal allowed the appeals by cancelling the impugned orders i....
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....a facie the case on merits is against the assessee. The question to be considered is whether the order for assessment was prejudicial to the interest of the revenue justifying revision by Commissioner. In this case the finding of the Commissioner in the orders issued under Section 263 is that the Assessing Officer has not considered the scope of Explanation (baa) of Section 80HHC of the Act. In si....
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....r year, no matter earlier order of ITAT was not appealed against by the Revenue. Since filing of appeal by the Government is essentially a matter of policy and if there is no substantial benefit of tax the department is free to accept the order of the Tribunal for that year. We therefore feel that the department is free to contest the issue for subsequent years. However, on merits of the case that....