2018 (8) TMI 1052

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....) For the Assessee : Shri Soumitra Chowdhury, Advocate ORDER Per M. Balaganesh, AM 1. The appeal of the assessee in ITA No. 1975/Kol/2017 for the Assessment Year (in short the Asst Year) 2004-05 arise out of the order of the Learned Commissioner of Income Tax (Appeals) - 17, Kolkata [ in short the ld CITA] in Appeal No. 273/CIT(A)- 17/Kol/15-16 dated 12.6.2017 passed against the rectif....

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....enience. ITA No. 1970/ Kol/2017- Revenue Appeal - Asst Year 2004-05 3. The only issue to be adjudicated in this appeal is as to whether the provisions of section 115JB of the Act are applicable to the assessee being a banking company for the Asst Year 2004-05. 3.1. The Learned Counsel for the assessee had filed adjournment petition before us. Since this is a covered case in favour of the ....

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....ced reliance on the aforesaid decisions of this tribunal and granted relief to the assessee, against which the revenue cannot have any grievance. Hence respectfully following the aforesaid decisions, we dismiss the grounds raised by the revenue. 4. The aforesaid decision would apply with equal force for the revenue appeal in ITA No. 1971/Kol/2017 for the Asst Year 2006-07 also. ITA No. 1975/....