2021 (6) TMI 107

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....VIND K.V. ADV.,) RESPONDENT (BY SRI. KAMAL SAWHNEY, ADV., FOR   M/S. KAMATH AND KAMATH) JUDGMENT ALOK ARADHE J., Mr.K.V.Aravind, learned counsel for the revenue. Mr.Kamal Sawhney, learned counsel for the assessee. 2. This appeal under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act', for short) has been filed by the revenue against the order dated 04.0....

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....ade by assessing authority by following the decision of this Hon'ble Court in the case of CIT vs. Tata Elxsi (reported in 349 ITR page 98) when said decision has not reached finality and SLP preferred by Revenue before Supreme Court is pending? 3. When the matter was taken up today, learned counsel for the assessee submitted that the first substantial question of law has been answered in favo....

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....stion of law may not be treated as precedent in other cases. 5. In reply, learned counsel for the assessee submitted that in fact, the finding recorded by the Tribunal is based on the decision of the Tribunal in the case of IDS Software India P. Ltd. in ITA No.87/Bang/2008 decided on 21.01.2009 and the Tribunal in the instant case has merely followed its earlier decision. 6. We have considered t....