2019 (5) TMI 633

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....or the Respondent : Mrs.Premalatha, Standing Counsel. JUDGMENT (BY DR.VINEET KOTHARI,J.) Assessee has filed this Appeal under Section 260A of the Income Tax Act,1961, in short, 'Act', aggrieved by the order, dated 14.08.2008, partly allowing the Appeal filed by the Revenue and setting aside the order passed by the learned Commissioner of Income Tax (Appeals) on 02.08.2007, by which, the....

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....on ?'' 3. On the above questions admitted by this Court, Ms.M.Parimala Devi, learned counsel for the Assessee, representing Mr.R.Vijayaraghavan, has submitted that the learned Tribunal, in Paragraph 2.2 of its order, had relied upon a judgment rendered by the Uttarakhand High Court in the case of Commissioner of Income Tax v. Oil & Natural Gas Corporation Ltd., (2008) 301 ITR 415, while d....

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....ssessee raised certain issues, which were in the suggested questions, which are quoted below for ready reference : ''1. Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the expenses between the STP and Non-STP divisions should be distributed on turnover basis ? 2. Whether on the facts and in the circumstances of the case, the Tribunal wa....

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....Tribunal for considering the entire appeal filed by the Revenue de novo, in view of the subsequent development of law by the aforesaid judgment of the Hon'ble Supreme Court in the case of Oil & Natural Gas Corporation Limited, cited supra, and also other case laws, which the Assessee may rely upon, for the purpose of 'Deduction' under Section 10B of the Act. 6. Accordingly, this Appea....