2015 (12) TMI 1288

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....fa Khan ORDER P. C. 1. This appeal under Section 260A of the Income Tax Act,1961 (the Act) filed by the Revenue, challenges the order 31 January 2013 passed by the Income Tax Appellate Tribunal (the Tribunal). The Assessment year involved is A.Y.200708. 2. The Revenue urges the following questions of law for our consideration:- "(1) Whether on the facts and the circumstances o....

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....ded against the Revenue by the decision of this Court in the case "Godrej & Boyce Mfg.Co.Ltd. VS. DCIT, (328 ITR 81) ". (b) Further Mr.Suresh Kumar, learned Counsel for the Revenue very fairly states that for the earlier Assessment Year i.e. AY 200607 arising from the same impugned order (being a common order for Assessment Year 200607 and 200708), the Revenue's appeal being Income Tax Appe....

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....d by respondent-assessee on the ground that it was not on reasonable basis. (b) In appeal, the Commissioner of Income Tax (Appeals) allowed the respondent's appeal after holding that Assessing Officer had without any reason rejected the allocation of expenses done by the Assessee. Thus, it directed the Assessing Officer to recompute the rebate allowable to respondent under Section 88E of th....

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....t - assessee and had been accepted by the Tribunal. Following the aforesaid decision, the Tribunal dismissed the Revenue's appeal. (d) On the last occasion this appeal was adjourned inter alia at the request of the Revenue to find out whether or not, the Revenue has preferred any appeal from the order of the Tribunal in KBII Securities Pvt. Ltd. (supra). Mr. Suresh Kumar, learned Counsel fo....