2018 (4) TMI 140

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..... ssment year 2004-05 - Held that:- The questions as proposed have become academic in view of the decision of this Court in Commissioner of Income Tax Vs. Hindustan Unilever Ltd. (2016 (7) TMI 1245 - BOMBAY HIGH COURT) which has approved and the decision of the Gujarat High Court in General Motors India Pvt.Ltd. (2012 (8) TMI 714 - GUJARAT HIGH COURT) on this very issue - No substantial question of .....

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..... hout testing on the touch stones of such conditions laid down in the Act? 2) Whether on the facts and in the circumstances of the case and in law, the Tribunal was right in holding that the order passed by the Assessing Officer for assessment year 2007-08 is not erroneous even though the Assessing Officer has allowed setoff of brought forward loss in the said year without application of mind .....

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..... Being aggrieved, the Respondent-Assessee filed an Appeal to the Tribunal. By the impugned order dated 29 January 2015, the Appeal was allowed by holding that on merits the order dated 31 December 2009 of the Assessing Officer does not call for interference and relied upon the decision of the Gujarat High Court in General Motors India Pvt.Ltd. Vs. Deputy Commissioner of Income Tax (2013)354 ITR 24 .....

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