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2014 (10) TMI 587

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....: Mr. Sanjiv M. Shah ORDER P. C. 1. The present appeal challenges the order passed by the Tribunal dated 13th January, 2012 in Income Tax appeal No.3509/ Mum /2006. The assessment year in question is 2003-04. 2. The appeal was filed by the assessee against the order of the Commissioner of Income Tax (Appeals) dated 10th April, 2006 before the Income Tax Appellate Tribunal and particula....

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....tand of the assessee was rejected by the Tribunal and while dealing with ground No.5. Therefore, inconsistent and contradictory stand of the assessee should not have be accepted. The system of accounting which has been adopted should have been continuously adopted and accepted by the revenue, then alone, the finding of fact can be returned in favour of the assessee. Therefore, the appeal be admitt....

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....e Tax (International Taxation) V/s. Bank of Bahrain & Kuwait, BSC in Income Tax Appeal No.1738 of 2011 decided on 5th February, 2013. Thereafter, for the assessment year 2001-02 as well this Court dismissed Income Tax Appeal No.2641 of 2011 on 16th April, 2014. The Tribunal has been taking a consistent view on the factual finding and there was nothing contrary pointed out by the revenue. That is h....