TMI Blog2008 (7) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... to the block A.Y. 1.4.1990 to 19.3.2001 – hence impugned provision are not applicable to instant case - ITAT was correct in holding that the surcharge U/S 113 was not leviable in the present case - 7/2008 - - - Dated:- 18-7-2008 - Advocates who appeared in this case: For the Appellant : Mr.R.D.Jolly For the Respondent : Dr.Rakesh Gupta with Ms.Aarti Saini CORAM :- HON'BLE MR JUSTICE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cision of the Special Bench of the Income Tax Appellate Tribunal, Hyderabad in the case of Merit Enterprises v. DCIT and came to the conclusion that surcharge was not leviable in the present case and consequently, deleted the surcharge which had been levied by the revenue authorities. 3. In this background, the revenue has proposed the following question:- "Whether the ITAT was correct in la ..... X X X X Extracts X X X X X X X X Extracts X X X X
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