2006 (2) TMI 156

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....eing I.T.A. No. 35/2000 as both the appeals involve a common question of law. This is an appeal filed by the Commissioner of Income-tax (the Revenue) under section 260A of the Income-tax Act, 1961, against an order dated May 16, 2000, passed in I.T.A. Nos. 215 and 216/IND/98. The appeal was admitted for final hearing on the following substantial question of law: "Whether, on the facts and in....

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....th Shri D.S. Kale, learned counsel for the respondent. Having heard learned counsel for the parties and having taken note of the submissions we are inclined to remand the case to the Tribunal by setting aside of the order impugned herein in so far as it relates to the issue sought to be urged in this appeal. In our view the need to remand has arisen due to the decision of the Supreme Court r....

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....y giving categorical finding so as to appreciate the controversy in its proper perspective and keeping in view the law laid down in IPCA Laboratory Ltd. v. Deputy CIT [2004] 266 ITR 521 (SC); [2004] 2 RC 646 (SC) which came pending appeal. Accordingly and in view of the aforesaid discussion we do not wish to burden our order by narrating the entire facts as the same is not necessary. Accordingl....