2014 (10) TMI 149

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....th Mr. Nishant Thakkar i/b. Mulla & Mulla & C.B. & Caroe JUDGEMENT 1] There are three questions which are termed as substantial questions of law and arising out of the order of the Tribunal impugned in this Appeal. That order of the Tribunal is dated 21st September, 2011 and is pertaining to the assessment year 1989-90. The substantial questions of law are as follows:     "....

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.... Appeal was argued before us by Mr. Suresh Kumar, learned counsel, appearing for the Revenue and Mr. Pardiwalla, learned Senior Counsel, appearing for the Assessee, the Revenue's counsel fairly brought to our notice the order passed in the case of this very Assessee on 1st April, 2014 by a Division Bench of this Court in Income Tax Appeal No.5794 of 2010. To this order one of us (S. C. Dharmad....

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....ssue and relied on a judgment of the Hon'ble Supreme Court before the Tribunal. That judgment was distinguished by the Tribunal in holding in favour of the Assessee for above assessment year. The facts of the case pertaining to the present assessment year, are also held to be identical by the Tribunal. Hence, the Tribunal followed its own factual conclusions for the assessment year 1988-89 and....