2023 (2) TMI 1448

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.... Prithu Dudhoria, Adv. For the Respondent : Mr. Kapil Goel, Adv., Mr. Rites Goel, Adv. ODER The Court : This appeal by the revenue filed under Section 260A of the Income Tax Act, 1961 (the Act) is directed against the order dated 6th April, 2022 passed by the Income Tax Appellate Tribunal, 'A' Bench, Kolkata (Tribunal) in I.T.A No. 270/Kol/2021 for the assessment year 2011-12. 2. ....

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....263 of the Act was justified. 5. The learned Tribunal has passed an elaborate order, firstly taking note of the legal position under what circumstances the power under section 263 of the Act could be invoked. The Tribunal referred to the decision of the Hon'ble Supreme Court in Malabar Industrial Co. Pvt. Ltd. vs. CIT, (2000) 243 ITR 83 and the decision in the case of CIT vs. Max India Limited,....