2014 (8) TMI 1227

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....dv. and Mr. C.S. Das, Adv. ORDER The Court :- This appeal under Section 260A of the Income Tax Act, 1961 has been preferred by the Revenue against the order dated December 19, 2013 passed by the Income Tax Appellate Tribunal, "C" Bench Kolkata in ITA No. 1242/Kol/2010 relating to the Assessment Year 2002-2003 on the following questions: "a) Whether on the facts and in the circumstances of the ....

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.... 154 of the Income Tax Act, 1961, without considering fact that the order u/s 154 of the Income Tax Act, 1961 passed on the basis of rectification of mistake apparent from record as per provision of section 154 of the Income Tax Act, 1961? c) Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal erred in law in not considering the fact that the order u/s 154....

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....deduction was allowed on the basis of Form No.10CCAC as well as in view of the direction of CIT(A). The AO has taken recourse to the rectification proceedings as he wanted to compute the turnover and computation of turnover is a highly debatable issue as the assessee in original allowance i.e. giving appeal effect to the order of CIT(A) has given his opinion, which he cannot rectify while acting u....