2013 (12) TMI 1695

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....S/Shri Beharilal, S.B. Dudhawat ORDER Sanjay Arora, A. M. : Both the captioned appeals were heard on 15.05.2013 by a Division Bench of this Tribunal. The common order was proposed by the Accountant Member (AM) on 04.07.2013. In view of a difference of opinion in respect of the assessee's appeal (in ITA No.5724/Mum/2011), the matter was referred to the hon'ble President u/s. 255(4)....

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....long with that by the Id. TM, shall form part of this order. Assessee 's Appeal (ITA No. 5724/MuW2011) 3. No submissions were made for and on behalf of the Revenue, while the assessee was unrepresented at the time of the final posting (06/12/2013). We accordingly proceed to pass the confirmatoty order as under: The following point/s of difference were referred to u/s.255(4) by the Mem....

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....taka High Court in CCI Ltd. vs. Jt. CIT [2012] 250 CTR 291 (Kar), which has not considered the applicability of the judgment of the hon'ble jurisdictional high court in Godrej & Boyce Manufacturing co. Ltd. vs. Dy. CIT [2010] 328 ITR 81 (Bom) to the issue under appeal, can be followed, as it has been in the decisions referred to by the Id. JM in his dissenting order, or is the said judgement o....

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....istent view' in the matter, as observed by the Id. JM in his dissenting order, notwithstanding the fact that the tribunal has also, as in American Express Bank Ltd. ('in ITA No. 5904 & 6022/MuW2010 dated 08.08.2012) and Dy. CIT vs. Damani Estates & Finance Pvt. Ltd. (in ITA No.3029/Mum/2012 dated 17.07.2013), following the hon'ble jurisdictional high court in Godrej & Boyce (supra) and....