2018 (4) TMI 1366

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....dv. For Sri Chythanya K.K., Adv.)   JUDGMENT B.S. PATIL J 1. This appeal is filed by the Revenue under Section 260A of the Income Tax Act, 1961 (for short 'the Act') aggrieved by order passed by the Income Tax Appellate Tribunal in I.T.A.No.151/Bang/2011 dated 10.06.2011. 2. Issue raised before the Tribunal was; whether the assessee was entitled to the benefit of deduction under Section 1....

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....8 C/W I.T.A.NO.877/2008 ON 25.11.2014 in the case of COMMISSIONER OF INCOME TAX AND ANOTHER vs. M/S. GE THERMOMETRICS INDIA (P) LIMITED and submit that this Court having considered a similar question has in similar circumstances, affirmed the order passed by the Tribunal.   5. Perusal of the aforesaid judgment makes it clear that this Court, after considering the substantial quest ion of law....

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....d as a law that never exists and therefore, when the assessment orders were passed in 2006, the Assessing Officer was not justified in taking note of a provision which was not in the statute book and denying benefit to the assessee. The whole object of such omission is to extend the benefit under Section 10B of the Act irrespective of the fact whether during the period to which they are entitled t....