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2018 (1) TMI 1375

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....y : Shri. Harinder Kumar, CIT-DR-III O R D E R PER LALIET KUMAR, JUDICIAL MEMBER : These are appeals filed by the Revenue against the separate orders passed by the CIT (A), dt.31.01.2017, for the assessment years 2012-13 and 2013-14, on the following effective grounds which are common to both the years:  ITA No.888/Bang/2017 - AY. 2012-13 : 02. Ground no2 & 3 deal with disallowance u....

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..... 04. Before us the Ld. AR has submitted that the issue is covered in favour of the assessee by the order of the Tribunal in which the author of this order is also the author there, and therefore the issue should be decided in favour of the assessee. 05. On the other hand the Ld. DR relies upon the order passed by the AO. 06. We have heard the rival contentions and perused the material on recor....

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.... the nature of offer to buy the shares by the assessee and it cannot be aid be concluded contract entered by the assessee and the company. In our view the coordinate bench has taken the correct view in the decision of LGW Ltd (supra) and the case of the assessee is covered by the said judgment. Therefore we find no merit in the appeal of the Revenue. There is no change in facts. Therefore followi....

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....urt in the matter of India Cements v. CIT [60 ITR 52] and the decision of the Hon'ble jurisdictional High Court in CIT v. ITC Hotels 334ITR 109. 08. The Ld. DR relies upon the judgment of the Hon'ble Supreme Court in Brooke Bond India Ltd v. CIT [(1997) 225 ITR 798]. 09. We have heard the rival contentions and perused the material on record. In our view, the issue is squarely covered in favour o....