2017 (1) TMI 1860

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....: MR RK PATEL, CAVEATOR ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE M.R. SHAH) [1.0] Feeling aggrieved and dissatisfied with the impugned judgment and order dated 15.03.2016 passed by the learned Income Tax Appellate Tribunal, Ahmedabad (hereinafter referred to as "Tribunal") in ITA No.577/Ahd/2011 for AY 200607, the Revenue has preferred the present Tax Appeal with following proposed subs....

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....o.(A) is concerned, it is answered against the Revenue by the Division Bench of this Court in Tax Appeal No.382/2016 and other allied Tax Appeals, by which in the case of the very assessee but with respect to the earlier assessment year (upon which the reliance has been placed by the learned Counsel against the impugned judgment and order), the question is answered against the Revenue. It is not i....

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.... appears that while passing the impugned judgment and order the learned Tribunal has remitted the matter to the learned Assessing Officer considering the decision of the Hon'ble Supreme Court in the case of United Commercial Bank vs. Commissioner of Incometax reported in (1999) 106 Taxman 601 (SC). Learned Counsel appearing on behalf of the Revenue has vehemently submitted that in the facts and ci....

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....way relying upon the decision of the Hon'ble Supreme Court in the case of United Commercial Bank (Supra), deserves consideration. Therefore, with the consent of learned Counsels appearing for respective parties, the matter is remitted to the learned Tribunal to consider the aforesaid question No.(B) afresh and the learned Tribunal may also consider whether the decision of the Hon'ble Supreme Court....