2010 (12) TMI 1191

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....ramod Achuthan For the Respondent : A. S. Singh ORDER D. Karunakara Rao (Accountant Member) This is an appeal (ITA No. 600/PN/08) filed by the assessee against the order of the CIT(A)-I, Pune dated 26-02-2008 for the A.Y 2005-06. Revenue filed the CO in this regard. 2. At the very outset, Shri Pramod Achuthan Ld. Counsel for the assessee mentioned that the assessee filed an appeal a....

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....rs were also brought to out notice by the Ld. Counsel, after making a reference to para 5 of the impugned order. Further, Ld. Counsel mentioned that both these issues stands covered by the order of this Bench in the assessee's own case for the A.Y 2003- 04 vide ITA No. 1147/PN/07 and CO No. 52/PN/07 dated 31-08-2009. In this regard, Ld. Counsel take us to the various paras of this order and mentio....

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....reproduced as under:- "18. It may not be out of place to mention that the Respected co-ordinate Bench has duly taken the note of an earlier decision of that very Bench decided in the case of that very assessee vide order dated 29th September 2004 bearing ITA Nos. 7815/Del/1989; 3607 to 3609/Del/1990; 5035/Del/1998 & 3910/Del/2000 named as DCIT vs. Oriental General Insurance Co. Ltd. repor....

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....awal or deletion of sub rule 5(b) to Schedule First of sec. 44 of I.T. Act. Once we have taken this view therefore the enhancement as proposed by ld. CIT(A) is reversed and the directions in this regard are set aside. Resultantly Ground no. 1 is allowed consequent thereupon Ground no. 2 automatically goes in favour of the assessee." 4. Considering the above, we are of the opinion that both the ....