2015 (2) TMI 849

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....i, Advocate, forK. V. Aravind, Advocate For the Respondent : A. Shankar and M. Lava, Advocates JUDGEMENT Dilip B. Bhosale J.- These Income-tax appeals are directed against the common judgment and order dated February 2, 2007, rendered by the Income-tax Appellate Tribunal, Bangalore Bench "A" (for short "the Tribunal"). The Tribunal dismissed the appeals, bearing I. T. A. Nos. 362 and 3....

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.... attention to section 145(2) of the Act and a notification issued thereunder bearing No. S. O. 69(E), dated January 25, 1996 (see [1996] 218 ITR (St.) 1 ), submitted that neither the Tribunal nor the appellate authority looked into the said notification and considered its effect on the facts of the present case and have simply relied on the judgment of this court in the case of CIT v. Khoday Disti....

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.... did not oppose the prayer for remand of the matter to the Tribunal, submitted that the Tribunal may be directed to consider whether the income determined by the Assessing Officer on account of increase in work-in-progress is permitted in law and that whether the notification has application to the facts of the present case. 4. We have perused the order of the Tribunal. The Tribunal, while dism....

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....emand the matters to the Tribunal for its consideration afresh, both the learned counsel for the parties have agreed for the following order:             (a) The judgment and order dated February 2, 2007, is set aside and I. T. A. Nos. 362 and 363 of 2005 are restored to the file.          &nb....