2012 (9) TMI 479

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....obde, J : Heard Shri R. G. Ramani, learned Counsel appearing for the appellant and Ms. Asha Desai, learned Counsel appearing for the respondent. 2. Admit on the following substantial questions of law : (a) Whether the Tribunal was right in law in summarily setting aside the decision of Commissioner with respect to the issue of partial denial of deduction under Section 33AC of the Act and ....

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....he correctness or otherwise of the finding of the CIT dated 22.09.2009 holding that the reduction of the deduction made in the appellant's assessment on the ground that the appellant was a private company for 78 days was not correct in law. According to Shri Ramani, the ITAT has set aside the finding in the appellant's favour given by the CIT on the question of reduction of the deduction without d....

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....unless of course a point of law is already decided by the highest court of this land and it is not worthwhile making all the exercises in going through the complicated facts required for the decision of this case......." 6. We find that the ITAT has dealt with the finding that ITAT which was hearing an appeal from the order of the Assistant Commissioner of the Income Tax has substantially dealt....