2014 (3) TMI 429

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ad partly allowed the appeal filed by the revenue. The appeal before the Tribunal was directed against the order passed by the Commissioner of Income Tax (Appeals)-III, Bangalore (for short "the Appellate Authority or AA") dated 05.07.2004 in ITA No.190/DCIT, C-12(1)CIT(A)III/01-02, whereby the AA had partly allowed the appeal filed by the assessee against the order passed by the Assessing Officer dated 30.03.2001. 2. This appeal was admitted to consider the substantial questions of law as formulated in paragraph Nos.4, 5 and 6 of the memorandum of appeal. The substantial questions of law read thus:           i. Whether the Appellate Authorities were correct in holding that the assessee is ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ounsel for the respondent prayed for answering the first substantial question of law framed in the present appeal in favour of the assessee and against the revenue. 5. Learned counsel for the appellants-revenue did not dispute the submission advanced by learned counsel for the respondent. Hence, we answer the first question in favour of the assessee and against the appellant in terms of the judgment dated 02.11.2007 passed in ITA No.3/2002. 6. Insofar as the second question is concerned, learned counsel for the appellants-revenue submitted that it is squarely covered by the judgment of this Court dated 10.12.2009 in ITA No.27/2005 whereby the said question has been answered in favour of the revenue and against the assessee. Having con....