2019 (7) TMI 605

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....ORAL ORDER (PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) 1. This Tax Appeal under Section 260-A of the Income Tax Act, 1961 (for short "the Act, 1961") is at the instance of the Revenue and is directed against the order passed by the Appellate Tribunal dated 26.11.2018 in C.O. No.454/Rjt/2005 for the Assessment Year 1998-99. 2. The Revenue has proposed the following questions as the substan....

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.... in the hands of appellant whereas the ld.Counsel relying on the case of Hon'ble Gujarat High Court in the case of Sayaji Iron and Engineering and Company 253 ITR 749 submitted that the disallowance upheld by the CIT(A) are required to be deleted, accordingly same is deleted. Therefore, this ground of appeal of the assessee is allowed." 4. Thus, the Tribunal has placed reliance on the decision ....

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....ase of company. We are therefore of the considered opinion that following the decision of Hon'ble Gujarat High Court the disallowance upheld by the CIT(A) are required to be deleted, accordingly same is deleted. The ground of appeal of the assessee is therefore allowed." 6. Once again the Tribunal has placed reliance on the decision of this Court in the case of Sayaji Iron and Engineering Compa....