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TMI Blog2020 (2) TMI 164X X X X Extracts X X X X X X X X Extracts X X X X ..... For the Respondent : Mrs.R.Hemalatha Senior Standing Counsel JUDGMENT DR.VINEET KOTHARI, J. This Tax Case Appeal has been filed by the Assessee against the order of the learned Tribunal dated 30th January 2009 for Assessment year 2004-05. The present appeal has been admitted by the Coordinate Bench of this Court only on the following limited question of law: "Whether on the facts and in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hese three items. As far as the issue regards DEPB income is concerned, we note that this issue is pending adjudication before the Special Bench of this Tribunal. Accordingly we set aside the order of the lower authorities and remit the same to the record of the Assessing Officer to pass a fresh order as per the outcome of the Special Bench decision or the latest judgment of High Courts/Supreme Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... component by the learned Tribunal by misapplying the judgment of the Hon'ble Supreme Court in the case of Commissioner of Income Tax vs. Ravindranthan Nair [92007) 295 ITR 228]. The Hon'ble Supreme Court, in the aforesaid Judgment, in para 23 has held as under: "23. Before concluding we state that the nature of every receipt needs to be ascertained in order to find out whether the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned counsel for the Respondent/Revenue supported the impugned order of the learned Tribunal. 5.Having heard the learned counsel for the parties, we are of the opinion that the contention sought to be raised by the Assessee before this Court now does not appear to have been raised before the learned Tribunal in the manner it has been raised before this Court and the facts and details of the re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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