2018 (4) TMI 749

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....lant. Mr. Satish Mody i/by. Ms. Aasifa Khan, Advocate for the respondent. P.C. :- 1. These two Appeals under Section 260A of the Income-Tax Act, 1961 challenge the common order dated 21st August, 2014 passed by the Income Tax Appellate Tribunal (the Tribunal). The common order dated 21st August, 2014 is in respect of Assessment Year 2008-09 and 2009-10. Thus, these two Appeals. 2. The identica....

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....n 6th July, 2012 and the decision of the Regular Bench of the Tribunal in the case of Continental Warehousing Corporation (Nhava Sheva) Vs. ACIT (ITA No. 7055/Mum/2011) dated 31st August, 2012. The submission of the Revenue that as Appeals have been filed against the aforesaid two decisions of the Tribunal, before this Court, the Revenue's Appeal be allowed, was not accepted by the Tribunal. I....

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....ce to the board Circular / Clarification dated 6th January, 2011 has been made by this Court in Continental Warehousing Corporation (Nhava Sheva) (supra) at para-41. On this being pointed out, he now states it has not dealt with the above Circular and therefore the above decision is wrong. We point out to him that the Court was conscious of the Circular / Clarification dated 6th January, 2011 when....

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....body must seek it before Court declares it to be so. 5. We are pained to record this most unreasonable attitude on the part of the Advocate for the Revenue of seeking to reargue settled concluded issues, without having obtained any stay from the Apex Court. This results in unnecessary wastage of the scarce judicial time available in the context of the large number of the appeals awaiting consider....