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TMI Blog2022 (2) TMI 942X X X X Extracts X X X X X X X X Extracts X X X X ..... us for the assessment year 1994-95. For the assessment year 1994-95, the assessee carried the matter in appeal before this Court [ 2014 (11) TMI 1255 - CALCUTTA HIGH COURT ] and by judgment the appeal was allowed. The same judgment was followed in the assessee s own case for the assessment year 1993-94. Thus, we find that there is no distinguishing factor in the case on hand for not applying the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The appeal was admitted to decide the following substantial question of law: I) Whether having regard to the settled legal proposition and having regard to the fact that the profits of the entire business and the sale proceeds were all deposited in the mixed overdraft account, the finding of the Tribunal that the sum by which the shares were purchased or the investments were made, came out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned senior counsel assisted by Ms. Nilanjana Banerjee Pal, learned Advocate for the appellant/assessee and Mr. Smarajit Roychowdhury, learned Counsel for the respondent/revenue. Learned senior counsel for the appellant, on instruction, submitted that though two substantial questions of law were admitted by this Court by order dated 24th June, 2004, he has been instructed by the learned counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... followed in the assessee s own case for the assessment year 1993-94. Thus, we find that there is no distinguishing factor in the case on hand for not applying the decisions of this Court rendered for the earlier assessment years which also challenged the very same impugned order. Thus, following the above decision, the appeal filed by the assessee is allowed and the substantial question of law ..... X X X X Extracts X X X X X X X X Extracts X X X X
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