2007 (7) TMI 642

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....CCOUNTANT MEMBER:- 1. This Miscellaneous Application is filed by the assessee contending therein that in course of hearing of appeal reliance was placed by the asscsscc on the judgment of Hon'ble Karnataka High Court rendered in the case of CIT vs. Kwality Biscuits Ltd., 243 ITR 519. It is also submitted in the Miscellaneous Application that this decision of Hon'ble Karnataka High Court....

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....d U/S.115JA but the Bangalore Bench of the Tribunal has decided this issue in favour of the assessee as per the judgment rendered in the case of IBM vs. CIT as reported in 290 ITR (AT) 183, As against this, it is submitted by the ld. Departmental Representative of the Revenue that there is no mistake in the impugned Tribunal order and hence this miscellaneous application of the assessee should be ....

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....ly noted by the Tribunal that as per sub section-4 of Section 115JA, all other provisions of this Act shall apply to the assesses mentioned in this section. It was also noted that this provision was not present in section 115J and hence, it was held that this judgment is of no help to the assesscc in the present case. Since as per the judgment of Hon'ble Apex Court in the case of Kwality Biscu....