2012 (12) TMI 1103

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.... ORDER 1. The present appeal has been filed under section 260 A of the Income Tax Act, 1961 (hereinafter referred to as the Act) against the order dated 20.03.2009 passed by the Income Tax Appellate Tribunal, Allahabad. The Commissioner of Income Tax, Allahabad has proposed the following questions said to be substantial questions of law arising out of the order passed by the Income Tax Appella....

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.... of the case, the Tribunal is justified in law in deleting the addition of Rs. 61,42,135/- in contravention of the provisions of section 145-A (1) (b) of the Act?" 2. Briefly stated, the facts in brief, giving rise to the present appeal are as follows: The appeal relates to the Assessment year 2005-06. The respondent assessee is a public limited company and is engaged in the business o....

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....before the Tribunal. The Tribunal by the impugned order had dismissed the appeal. 3. We have heard Sri Shambhu Chopra, learned senior standing counsel for the Revenue and S/Sri S.K. Garg and Ashish Bansal, learned counsel, on behalf of respondent assessee. 4. Sri Chopra, learned counsel submitted that the Commissioner of Income Tax (Appeals) as also the Tribunal had erred in law in excluding....