2013 (10) TMI 473

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.... (Per : Honourable Mr. Justice M. R. Shah) 1.00. Present Tax Appeal has been preferred by the revenue challenging the impugned judgement and order dated 24/3/2010, passed by the learned Income Tax Appellate Tribunal in ITA No. 3849/Ahd/2007 for A.Y. 2004-05 with the following proposed substantial question of law : "Whether the Appellate Tribunal is right in law and on facts in allowing the ....

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....ncome Tax, Mumbai, reported in (2012) 3 SCC 593, by order dtd. 26/7/2013, the Hon'ble Supreme Court has quashed and set aside the order dtd. 28/12/2011 passed in the present Tax Appeal No.1959 of 2010 and has remanded the matter to this Court for fresh consideration of the appeal in accordance with the judgement of the Hon'ble Supreme Court in the case of Topman Exports (supra). That is how the pr....

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....1 (Bombay). However, it appears that the decision of the Bombay High Court in the case of Topman Exports (supra) was further carried in appeal before the Hon'ble Supreme Court and the Hon'ble Supreme Court in a decision reported in (2012) 3 SCC 593 has set aside the judgement and order passed by the Bombay High Court and restored the decision of the Special Bench (which was relied upon by the ITAT....