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2009 (7) TMI 414

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..... , appeal in respect of which was decided by the learned Income-tax Appellate Tribunal on January 31, 1994?” - the original assessment order dated March 30, 1988, was set aside by the first appellate authority, vide order dated July 21, 1989, which did not find favour with the Tribunal. Consequently the order dated July 21, 1989, was set aside by the Tribunal order dated January 31, 1994, and the said order dated January 31, 1994, was not further challenged and it attained finality. Thus, any proceedings in pursuance of the order dated July 21, 1989, passed by the first app authority were misconceived and could not have been given effect to. Therefore, Appeals filed before the Tribunal against the order October 30, 1992, passed by the Commis .....

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..... ally are as follows: 4. All these appeals are directed against the common order dated May 21, 999, passed by the Tribunal for the assessment years 1985-86 to 1987-88. The assessment order was passed by the Assessing Authority on March 30, 988, wherein the value of right to receive compensation was determined. !he said order was set aside by the first appellate authority by order dated July 21, 1989, and it was remanded to the Assessing Officer. The order dated July 21, 1989, passed by the first appellate authority was challenged before the Tribunal and the Tribunal, vide order dated January 31, 1994, did not approve the order of the first appellate authority and set aside the same. At this stage, it will be useful to reproduce the relevan .....

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..... essing Officer to allow deduction of Rs. 5,83,687 actually received by the assessee as compensation till March 31, 1985, as against Rs. 2,20,251 allowed the Assessing Officer. This disposes of the assessee's first two grounds of appeal." 5. It appears that before the passing of the order dated January 31, 1994, the Tribunal, fresh assessment orders dated February 26, 1992, were passed by the assessing authority pursuant to the order dated July 21, 1989. The same was challenged in Appeal Nos. 817 to 819 of 1999 by the assessee and the said appeals were partly allowed by the Commissioner of Wealth-tax (Appeals) by order dated October 30, 1992. Against the said order dated October 30, 1992 Appeal Nos. 12, 13 and 14/Del. of 1993 were filed .....

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