2003 (3) TMI 41

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....ta, Adv. JUDGMENT D.K. JAIN J.- These three appeals, by the Revenue, under section 260A of the Income-tax Act, 1961 (for short "the Act") are directed against the orders passed by the Income-tax Appellate Tribunal, New Delhi (for short "the Tribunal"), in I.T.A. Nos. 2062/Delhi of 1996, 3676 and 3122/Delhi of 1997 and 3157/Delhi of 1999, pertaining to the assessment years 1991-92, 1993-94....

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....llate authorities, while holding that the assessee was entitled to deduction under the said section, have relied on their earlier orders, particularly in respect of the assessment year 1992-93. We have heard Mr. Sanjiv Khanna, learned senior standing counsel for the Revenue, and Mr. B. Gupta, learned counsel for the respondent. Upon questioning by the court, Mr. Khanna has candidly admitted ....

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....e of the assessee's business, the Revenue cannot be permitted to adopt a different stand in respect of the assessment years in question. We find substance in the contention urged by learned counsel for the assessee. True that each assessment year being independent of the other, as a general rule, the principle of res judicata or estoppel by record, which applies to civil courts, does not ap....

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....cases, the same issue, namely, whether the assessee is entitled to relief under section 80-I of the Act or not, was decided by the Tribunal in favour of the assessee in respect of the assessment year 1992-93, which order has now been followed by the Tribunal while disposing of appeals for the three years in question. As noted above, the Assessing Officer disallowed the assessee's claim only on....