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TMI Blog2010 (8) TMI 1160X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent : Shri M.P. Lohia. ORDER PER R.S. SYAL, AM: This appeal by the Revenue arises out of the order passed by CIT(A) on 17-03-2009 in relation to asstt. year 2005-06. Though four grounds have been raised but the grievance is appropriately projected through ground No. 1, which reads as under : On the facts and in the circumstances of the case and in law, the ld. CIT(A) erred in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns in the manner tabulated by the AO on page 3 of his order. The AO observed that by virtue of provisions of sections 111A 115AD, two distinct time periods, firstly from 01.04.2004 to 30.09.2004 and secondly from 01.10.2004 to 31.03.2005 have been provided and two different tax rates apply. It was, therefore, opined that the manner of making set off of short-term capital gains by the assessee wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erm capital gains earned before 30-09-2004. Another order of the Mumbai Bench of the Tribunal in Fidelity Investment Trust vs. ADI as reported in 2009 TIOL 595 ITAT Mum., laying down the same ratio was also placed on record. 4. The ld. D.R., after going through both the orders, fairly conceded that the facts and circumstances of the instant case were similar to those decided by the Mumbai Bench ..... X X X X Extracts X X X X X X X X Extracts X X X X
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