2011 (3) TMI 1765

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..... bunal to decide the appeal after taking into account the factual position in this case. It was, inter alia, noted that the Tribunal has simply followed the judgment of Special Bench, Mumbai in Topman Export Vs. ITO (ITA No. 5769/Mum./2006 decided on 11th August, 2009) and since the same was overruled by the Bombay High Court in Commissioner of Income Tax Vs. Kalpataru and Chemicals, 328 ITR 451, t .....

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..... ese circumstances, we modify the orders dated 18th February, 2011 with the following addition:- In so far as question no. (d) and (e) raised in the appeal are concerned, they are covered by the judgment of this Court in the case of Commissioner of Income Tax Vs. Shri Ram Honda Power Equip (2007) 298 ITR 475. This application is decided in the aforesaid terms. - - TaxTMI - TMITax - .....

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