2013 (7) TMI 262

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....i Revenue is in appeal against the judgment of the Income tax Appellate Tribunal (the Tribunal for short) dated 25.5.2012 raising following questions for our consideration:-      (A) Whether the Tribunal is right in law and on facts in reversing the order passed by the CIT(A) and thereby deleting disallowance of Rs.22,31,740/- on account of expenses on new lignite project....

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....s Question (A) is concerned, counsel for the Revenue candidly pointed out that in case of this very assessee in Tax Appeal no.1759 of 2010, we had considered such a question with following observations:- So far as the first point is concerned, it appears from the order of the Tribunal below that the issue involved stood covered in favour of the assessee by the decision of the Tribunal in assess....

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....ess to mention that dismissal of this Appeal on this question will not stand in the way of the Revenue in preferring miscellaneous application, in accordance with law. This question is, therefore, not considered. 3. Question (B) concerns disallowance of Rs.1.32 lakhs by the Assessing Officer which amount was expended by the respondent assessee towards salary and other perquisites of staff em....