2018 (10) TMI 1383

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....Respondent : Ashish Bansal,S.K. Garg ORDER Heard Sri Gaurav Mahajan, learned Counsel for the appellant and Sri Ashish Bansal, learned Counsel for the assessee. This is a department's appeal under Section 260-A of the Income Tax Act, 1961 against an order of the Tribunal dated 17.04.2009 for the assessment year 2002-03. The question of law sought to be answered are hereunder :- "....

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.... 2. Whether on the facts and in the circumstances of the case, the Hon'ble Tribunal was justified in law in setting aside t he order of the CIT u/s 263 of the Act in not appreciating the ratio of decision of Hon'ble Madras High Court delivered in case of K.A. Ramaswamy Chettiar and Another Vs. CIT, reported in 220 ITR 657, Hon'ble Supreme Court given in the case of Smt. Tara Devi....