2012 (1) TMI 258

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....spondent : Smt. Kavita Jha, D.R. ORDER PER SHRI S.V. MEHROTRA, ACCOUNTANT MEMBER The appeals being ITA Nos. 1376 & 1377/Kol/2010 filed by the assessee for assessment year 2006-07 are against the orders of ld. Commissioner of Income-tax (Appeals)-XXXVII, Kolkata both dated 30.03.2010. The appeal being ITA No. 858/Kol./2011 filed by the assessee is against the order of ld. Commissioner of Inco....

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....r of the Hon'ble Kolkata High Court was granted by the Hon'ble Apex Court. Ld. senior counsel submitted that under identical circumstances, Tribunal has restored the matter to the file of Assessing Officer to decide the issue in accordance with the decision of the Hon'ble Apex Court in the case of DCIT, Circle-8, Kolkata -vs.- M/s. Ernst & Young Pvt. Ltd. in ITA No. 1787/Kol./2008. He, therefore, ....

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....tion of the decision of the Hon'ble jurisdictional High Court. In view of the above, we set aside the orders of the authorities below on this point and restore the matter back to the file of the AO with the direction that he will readjudicate this issue as per decision of the Hon'ble Apex Court in the case of M/s. Exide Industries Ltd. (supra)". Respectfully following the same we set aside the o....