2013 (12) TMI 810

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....akur Appeal No. E/965 of 2007 has been filed by appellant by M/s. Indo German Tool Room against Order-in-Appeal No.202/2007(Ahd-I) dated 23.05.2007. Appeal No. E/979 of 2007 has been filed by the Revenue against the same OIA dated 23.5.2007 on the ground that penalty under Section 11AC can not be reduced from Rs. 18,51,849/- to Rs. 4,00,000/- as done by Commissioner (Appeals). The issue involve....

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.....08.2007 written to DD-II (Exemption) for Rectification of Mistake under Section 154 of the Income Tax Act 1961 for the Assessment year 2004-05, 2005-06 and 2006-07, they have not claimed depreciation from the Income Tax department with respect to the capital goods in question. He also relied upon the following case laws in their support that once the revised Income Tax returns are filed by the ap....

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....ew Delhi [2000 (121) ELT 324 (Tribunal)    (i) CCE vs Jagdamba Electronics [1993 (68) ELT 144 (Tribunal)] 3. Shri S.K. Mall (AR) appearing on behalf of the Revenue argued that the facts brought on record before the bench were not brought to the notice of either the adjudicating authority or the first appellate authority. He vehemently opposed that these documents/judgments can not ....

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....urns filed by them have been accepted by the Income Tax department for the relevant Assessment Year. As these facts and legal pronouncements were not considered by the original adjudicating authority, it will be in fitness of deliverance of justice that the case is remanded to the adjudicating authority. Appellant shall address all the evidences before the adjudicating authority in support their c....