2008 (8) TMI 1045

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....Pandey, Sunil Roy, B. V. Balaram Das and B. Krishna Prasad, Advocates, with him) for the appellant. N. Venkataraman, Senior Advocate, (V. N. Raghupathy, J. D. Mistry, B. D. Damodar, Rustom B. Hathikhanawala, Samir Parekh, Sumil Goel and Miss Divya Sinha, Advocates, for M/s. Parekh & Co., with him) for the respondent. ORDER The assessment years in question are the assessment years 1985- 86 and ....

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....ier decision in assessee's own case in Income Tax Reference No.197 of 1984 decided on 10th June, 1998 whereby the High Court decided the question in favour of the assessee and against the revenue relying upon a judgment of the Bombay High Court in the case of British Bank of the Middle East vs. CIT 233 ITR 251 (Bom.). Admittedly, against the aforesaid two decisions (i) in assessee's own case in I....

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....utta (2004 (12) SCC 42). The decision in Union of India and Ors. v. Kaumudini Narayan Dalal & Anr. (2001 (10) SCC 231) was explained in Himalatha Gargya v. Commissioner of Income Tax, A.P. and Anr. (2003 (9) SCC 510) at para 14. It has been stated in the said case that the fact that different High Courts have taken different views and some of the High Courts are in favour of the revenue constitute....

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....imilarly, where the effect of decision is revenue neutral there may not be any need for preferring the appeal. All these certainly provide the foundation for making a departure. 13. In answering the reference, we hold that merely because in some cases the revenue has not preferred appeal that does not operate as a bar for the revenue to prefer an appeal in another case where there is just cause ....