2015 (2) TMI 1372

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..... Aarti Vissanji. ORDER PER N.K.BILLAIYA, JM: ITA No.7844/Mum/2011 and 7619/Mum/2011 are cross appeals by the Revenue and the assessee against the very same order of the Ld. CIT(A)-21, Mumbai dated 25/08/2011 pertaining to A.Y 2007-08. Both the appeals were heard together and disposed of by this common order for the sake of convenience. ITA No.7844/Mum/2011'Revenue's Appeal: 2. Revenue ha....

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....l issue was decided by the Tribunal in assessee's own case vide ITA Nos.4286 & 4373/Mum/2009 for assessment year 2002-03. The Tribunal has considered the issue at para- 3 of its order and at para 5.4 the Tribunal following the earlier orders of the Tribunal in assessee's own case decided the issue in favour of the assessee and against the Revenue. Respectfully following the decision of the Co-ordi....

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....isdictional High Court in Writ Petition No.2560 of 2011 dated 1/12/2011, wherein Hon'ble High Court has quashed and set aside the notice issued for reopening of the assessment when the Revenue sought to reopen the completed assessment for disallowing the claim of deduction allowed under section 10 of the Act. In the original assessment order. Respectfully following the aforementioned judicial deci....