2006 (7) TMI 689

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....r.Soli Dastoor, Senior Advocate with Mr.Nitesh Joshi and Mr.A.K. Jasani For the Respondent : Mr.Ashok Kotangale P.C. : 1. Heard Mr.Dastoor, Senior Advocate for the Appellants and Mr.Kotangale for the Respondent. 2. In the two appeals before us, the Appellants are raising a question concerning the interpretation and application of Section 80-I of the Income Tax Act to the facts of these cases....

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....3. These two appeals are concerning the assessment of the Appellants for the years 1994-95 and 1995-96. The Income Tax Appellate Tribunal has allowed the appeals of the Revenue concerning these two years by its order dated 20th July 2004 and thereby the Appellants are denied the benefit of this provision on the ground that gutka manufactured by them contains 6.2% tobacco. Hence these two appeals. ....

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....rlier before the Tribunal also that it was necessary to refer the question arising out of the assessment of these two years to a Special Bench. The Tribunal did not accede to that request, but now that the matters concerning these other assessment years are referred to a larger Bench, Mr.Dastoor submits that it would be desirable that instead of these appeals being heard in this Court, it will be ....

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....two appeals will stand restored to the file of the Income Tax Appellate Tribunal, Pune and will now be heard along with the above referred I.T.A. Nos.203/96, 864/02, 865/02, 960/03 and 961/03. 6. We may record that the Appellants have filed a further affidavit placing on record that the tax for these 2 years has been fully paid or adjusted. Mr.Dastoor makes a further statement that until all the ....