2016 (9) TMI 1079

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....Challenge in this Tax Appeal, is to an order passed by the Income Tax Appellate Tribunal in ITA No.2082/Mds/2013, dated 19/2/2014, by which, the Tribunal dismissed the appeal preferred by the revenue, against the order of the Commissioner of Income-Tax (Appeals) dated 19/2/2014 for the Assessment Year 2008-09. 2. Revenue has come up with the above appeal, raising the following substantial questio....

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....rt in SLP No.1136 of 2011. 4. Similar to the facts and circumstances of the case, while adverting to the substantial questions of law raised and after considering the judgment of the Hon'ble Apex Court in Liberty India vs. CIT reported in (2009) 225 CTR (SC) 233 : (2009) 28 DTR (SC) 73 : (2009) 317 ITR 218 (SC) and the judgment of the Rajasthan High Court in CIT vs. Mewar Oil & General Mills ....

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.... erase the dictum. 6. Material on record discloses that while confirming the order of the Commissioner of Income-Tax (Appeal), the Income-Tax Appellate Tribunal, has held in paragraph 4.2 that- ".... In the light of the decision rendered in M/s.Velayudhaswamy Spinning Mills (P) Ltd., v. Assistant Commissioner of Income-Tax reported in 340 ITR 477, there is merit in the appellant's contentio....