9911796707
TMI Blog2006 (11) TMI 96X X X X Extracts X X X X X X X X Extracts X X X X ..... lant assailed the orders dated May 26, 2003, and March 31, 2004, passed by the Income-tax Appellate Tribunal in I. T. A. No. 481 (Gau) of 1997 for the assessment year 1991-92 of the appellant. 2 For better appreciation, the facts, in brief, are that the appellant filed return for the assessment year 1991-92 showing the total income of Rs. 51,790. The Assessing Officer, on the basis of some docume ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner of Income-tax (Appeals) held that the addition of Rs. 1,02,598 was made wrongly and thus ordered for deletion. Against the said order of the learned Commissioner of Income-tax (Appeals), the Revenue preferred an appeal before the Income-tax Appellate Tribunal, Guwahati Bench, Guwahati, in I. T. A. No. 481 (Gau)/1997. The learned Tribunal partly allowed the appeal by restricting the addition t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earned counsel appearing for the respondents. 5 During the course of hearing learned counsel appearing for the respondents submits that the power exercisable by the learned Tribunal under section 254(2) of the Act, was already decided by this court in CIT v. Prahlad Rai Todi [2001] 251 ITR 833 and that the present case is covered by the said decision. Admittedly, in the said case, it was held tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... challenging the order of the Appellate Tribunal dated May 26, 2003, mainly on the basis of the observations made by the learned Tribunal while passing the order dated March 31, 2004, in M. A. Nos. 20 and 21 of 2003 arising out of I. T. A. No. 481(Gau)/1997 for the assessment year 1991-92 and I. T. A. No. 457(Gau) for the assessment year 1992-93 and also the order of rejection of the mi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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