2015 (3) TMI 1415

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.... ORDER PER SHRI KUL BHARAT, JUDICIAL MEMBER : This appeal by the Revenue is directed against the order of the Ld.Commissioner of Income Tax(Appeals)-Valsad ('CIT(A)' in short) dated 31/05/2011 pertaining to Assessment Year (AY) 2002-03. The Revenue has raised the following grounds of appeal:- 1. On the facts and in the circumstances of the case and in law, the Hon'ble CIT(A) erred ....

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....de on account of the retention money as well as on licence fee. Against this, the assessee filed an appeal before the ld.CIT(A), who after considering the submissions of the assessee and following the earlier order passed in AYs 2007-08, 2008-09 allowed the appeal. Aggrieved by the order of the ld.CIT(A), now the Revenue is in appeal before us. 3. It is pointed out by the ld.CIT-DR that the ld.....

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....dabad) in ITA No.1831/Ahd/2009 for AY 2006-07(supra) has given direction to the AO that reads as under:- "8. On consideration of the facts of the case it is clear that earlier the issue was decided against the assessee by ITAT Ahmedabad Bench in the case of the assessee itself, copies of the same are filed in the paper book. The authorities below have gone by the findings given against th....

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....urt and the Hon'ble Supreme Court (supra). We find force in the submissions of both the parties that the matter requires reconsideration in the light of the above decisions. We accordingly, set aside the orders of the authorities below and restore this issue to the file of the AO for reconsideration of the same in the light of the above decisions cited by the learned Counsel for the assessee. ....