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2010 (12) TMI 771

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..... dvocate for the respondent.   AJAY KUMAR MITTAL, J.   This order will dispose of three appeals, i.e. Income Tax Appeal Nos. 163 and 502 of 2007 filed by the Revenue and 551 of 2006 by the assessee as the same issue is involved in these appeals. The facts have, however, been taken from Income Tax Appeal No. 163 of 2007.   This appeal under Section 260A of the Income-Tax Act, 1961 .....

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..... 1997) 224 ITR 677 because this judgment relates to Sales Tax collected up to 31st March but not paid to the Sale Tax Department till 31st March in view of the time allowed for such payment under the Sales Tax Act?   The facts, in brief, necessary for adjudication, as narrated in the appeal are that the respondent-assessee filed its return for the assessment year in question on 25.10,.2001 sh .....

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..... ve heard learned counsel for the parties and have perused the record. It is not disputed by learned counsel for the parties that the issue raised herein stands answered in favour of the assessee and against the Revenue by the Supreme Court in Commissioner of Income Tax v. Alom Extrusions Ltd. (2009) 319 ITR 306 (SC) and this Court in Income Tax Appeal No. 663 of 2005 (The Commissioner of Income Ta .....

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