2012 (12) TMI 1178

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....nt ORDER   Pramod Kumar:          1. By way of this appeal, the Assessing Officer has challenged correctness of learned Commissioner of Income Tax (Appeals)'s order dated 15th December, 2011, in the matter of assessment under section 143(3) of the Income Tax Act, 1961, for the assessment year 2003-04 on the following grounds :- (1....

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....by the decision of the Coordinate Bench of this Tribunal in assessee's own case for assessment year 2002-03. He, however, submits that even though the matter is covered in favour of the assessee, he would nevertheless rely upon the stand of the Assessing Officer.   3. We find that vide order dated 9th June, 2006 in assessee's own case in ITA No. 2160/Kol./2005 for the assessment year 2002-....

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....gar Mills Co. -vs.- CIT (1980) reported in 123 ITR 429 (SC). The ld. CIT(A) agreed with the contention of the assessee and deleted this disallowance made by the AO by relying on the said decision of the Hon'ble Supreme Court.  5. Heard both the parties perused the record and the orders of the lower authorities. We find that the ld. CIT(A) has rightly deleted the disallowance made by the AO....