2015 (12) TMI 909

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..... S. C. Tiwari with Ms. Rutuja Pawar ORDER P. C. 1. This Appeal under Section 260-A of the Income Tax Act, 1961 (the Act), challenges the order dated 1 March 2013 passed by the Income Tax Appellate Tribunal (the Tribunal) for the Assessment year 2009-10. 2. Although numerous questions of law have been formulated in the Memo of Appeal, Mr.Suresh Kumar, learned Counsel for the Revenue ur....

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....ing the decision of this Court in Black & Veatch Consulting(P) Ltd.(supra). 3. The Revenue had carried the decision of the Tribunal in "Ganesh Polychem Ltd. Vs. ITO" (supra) to this Court being Income Tax Appeal (Lodg) No.2083 of 2012 raising the following question of law: "Whether on the facts and in the circumstances of the case and in law the Tribunal was right in holding that the b....

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....the contrary view taken by Karnataka High Court in "CIT Vs. Himatasingike Seide Ltd., ((2006)156 Taxman 151 (Kar.)) " has now been upheld by the Apex Court in its order dated 19 September 2013 as under: "1. We have heard the learned Counsel for the parties to the lis. 2. Having perused the records and in view of the facts and circumstances of the case, we are of the opinion that ....

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....any view of the matter, the decision of the Karnataka High Court in Himatasingike Seide Ltd. (supra) which was undisturbed by the Apex Court dealt with the provision of law different from that which was dealt with in the impugned Order. A decision has to be considered in the context of the law as arising for consideration and a change in law would render the decision under the old law inapplicable....