2018 (3) TMI 1843

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....NIL DUTT YADAV For the Appellant : SRI K.V.ARAVIND, ADV. For the Respondent : SRI S.SHARATH, ADV., SRI CHYTHANYA K.K., ADV. JUDGMENT 1.This appeal is filed by the Revenue under Section 260A of the Income Tax Act, 1961 (for short 'the Act') aggrieved by order passed by the Income Tax Appellate Tribunal in I.T.A. No. 97(Bang)/2008 dated 08.04.2009. 2.Issue raised before the Tribunal w....

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....ties bring to our notice the judgment of this Court rendered in I.T.A.NO.876/2008 C/W I.T.A.NO.877/2008 ON 25.11.2014in the case of COMMISSIONER OF INCOME TAX AND ANOTHER vs. M/S. GE THERMOMETRICS INDIA (P) LIMITED and submit that this Court having considered a similar question has in similar circumstances, affirmed the order passed by the Tribunal. 5.Perusal of the aforesaid judgment makes it ....

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....from the statute book, the result is it had never been passed and be considered as a law that never exists and therefore, when the assessment orders were passed in 2006, the Assessing Officer was not justified in taking note of a provision which was not in the statute book and denying benefit to the assessee. The whole object of such omission is to extend the benefit under Section 10B of the Act i....