2017 (2) TMI 476

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....ges the order dated 30th September, 2013 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order dated 30th September, 2013 is in respect of Assessment Year 2007-08. 2 The Revenue urges only the following question of law for our consideration: " Whether on the facts and in the circumstance of the case and in law, the Tribunal is correct in law in holding that the Commissi....

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....ansaction Tax) paid as it was a share broker. Moreover, it holds that this aspect was not examined by the Assessing Officer while passing the Assessment Order dated 30th November, 2009. 5 Being aggrieved, the Respondent-Assessee carried the issue in appeal to the Tribunal. The Tribunal by the impugned order holds that the Assessing Officer while passing the Assessment Order dated 30th November, 2....

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....al and set aside the order dated 30th March, 2012 of CIT, passed in exercise his powers under Section 263 of the Act. 6 The grievance of the Revenue is that on merits, the Respondent-Assessee is not entitled to the benefit of rebate of STT under Section 88E of the Act. Thus, it is submitted that the appeal be entertained. 7 We note that the issue arising in this appeal is a jurisdictional issue ....

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....ny of us to even attempt to hazard a guess, as to the likely view of the CIT on correct facts. Moreover, the same issue also arose for the earlier Assessment Years i.e. A. Y. 2005-06 and 2006-07. The Revenue had accepted the Respondent-Assessee's claim for rebate under Section 88E of the Act to the extent STT is paid. Last but not the least, Revenue is not able to dispute the fact that the Ass....