2021 (8) TMI 1187

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....ondent: Mr.R.Vijayaraghavan JUDGMENT T.S.Sivagnanam, J. This appeal, by the appellant/Revenue, filed under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as "the Act") is directed against the order dated 25.09.2012, made in I.T.A.No.625/Mds/2012 on the file of the Income Tax Appellate Tribunal 'C' Bench, Chennai for the assessment year 2004-05. 2.The appeal was admit....

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.... Section 147 of the Act. The Assessing Officer pointed out that the Government of Tamil Nadu had provided a sum of Rs. 20.50 Crores for payment of interest on terminal benefits to be kept under a separate account and not to be utilized for any other purpose, but the assessee stated to have used the undisbursed balance of Rs. 7.29 Crores for working capital requirements. This the Assessing Officer ....

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....The assessee was able to establish the said fact by producing a Government Order in G.O.Ms.No.44 dated 24.03.2009. Taking note of the said Government Order, the appeal filed by the assessee was allowed by the Tribunal. 5.It is no doubt true that the Government Order dated 24.03.2009 was not placed before the CIT(A), when it heard the appeal and passed the order dated 20.12.2011, but there can be ....