2008 (2) TMI 414

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....Ghaffar for the appellant. JUDGMENT 1. After hearing Mr. Ghaffar, learned advocate for the petitioner and perusing the application for condonation of delay, we are satisfied with the grounds stated in the petition. Accordingly, the delay is condoned and the application under section 5 of the Limitation Act being G. A. No. 3752 of 2007 is disposed of. 2. We now take up the application for ....

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....order an appeal was preferred before the learned Tribunal. We have perused the order passed by the Tribunal. It appears that the Assessing Officer accepted the fact that the principal business of the assessee does not fall under the category of section 5(5A) of the Act. The Commissioner of Income-tax invoking section 19 of the Act cancelled the assessment made by the Assessing Officer and directed....

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....have found that the Tribunal has extensively dealt with the matter including the facts, materials and evidence before the Tribunal for adjudication. We do not find any reason to interfere with the order so passed by the learned Tribunal nor the order so passed by the learned Tribunal suffers from any legal infirmity nor we find that any substantial question of law is involved in this appeal. Hence....