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TMI Blog2015 (10) TMI 2122X X X X Extracts X X X X X X X X Extracts X X X X ..... essee for the assessment year 2002-03 on which reliance was placed was partly allowed by giving certain benefits to the assessee, the order passed by the Tribunal dismissing the appeal and the Miscellaneous petition filed by the assessee, relying upon the order made for the assessment year 2002-03 is not sustainable. Hence, the Tribunal is directed to reconsider the matter afresh for the assessmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 passed by the Income Tax Appellate Tribunal (hereinafter referred to as the Tribunal for short) for the assessment year 2004-05. 2. The assessee is a public limited company, manufacturing cement in the factory situated at Mathodu village, Hosadurga Taluk. The assessee filed return of income on 31-3-2004, declaring an income of ₹ 2,58,12,218/- after setting off unabsorbed depreciation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal before the Tribunal. The Tribunal without going into the merits of the matter, relying upon the order made for the assessment year 2000-01 in ITA No.378/Bang/2006 dated 19-09-2008 dismissed the appeal, by its order dated 20-11-2009. Subsequently the assessee filed Misc.Petition No.6/Bang/2010 for rectification of the order dated 20-11-2009 invoking Section 254(2) of the Act. The said Misc. Pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtain benefits to the assessee, the order passed by the Tribunal dismissing the appeal and the Miscellaneous petition filed by the assessee, relying upon the order made for the assessment year 2002-03 is not sustainable. Hence, the Tribunal is directed to reconsider the matter afresh for the assessment year 2004-05, in the light of the order made in ITA No.855/Bang/2008, in accordance with law. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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