2014 (4) TMI 1016

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....ent : Mr. Mihir Naniwadekar ORDER P. C. 1. This Appeal challenges the order passed by the Income Tax Appellate Tribunal (for short "ITAT"), Pune Bench in Income Tax Appeal No.149/PN/08. The Assessment Year in question is 2005-06. By the order delivered on 19th November 2010, the Tribunal has allowed the Appeal preferred by the respondent - assessee. The Revenue is therefore in Appeal invo....

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.... income disclosed was Rs.86,64,380/. While going through the case records, the Commissioner of Income TaxI Kolhapur, found that the order passed by the Assessing Officer is prejudicial to the interests of the Revenue. He noted the issues on which the order could be said to be so vitiated. He, therefore, directed a notice to be issued. After giving an opportunity to the assessee and considering the....

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....n earlier order dated 18th June 2010 in the assesse's own case for the Assessment Year 2003-04 and 2004-05. This order was delivered in Income Tax Appeal Nos.143 and 144/PN/2008. Apart therefrom on merits also, the ITAT found that the view taken by the Assessing Officer was a possible view. The question was debatable. In such circumstances, the power under section 263 could not have been invok....