TMI Blog2011 (5) TMI 912X X X X Extracts X X X X X X X X Extracts X X X X ..... matters comprise of 2 appeals of the Department and 2 Cross Objections of the assessee filed against the consolidated order passed by the ld. CIT(A), Tiruchirapalli dated 10.02.2011 relevant to the assessment years 2007-08 and 2004-05 respectively. 2. These matters were heard together, involve somewhat similar issues and relates to same assessee, therefore being disposed off by this single ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in a high temperature, the pouring of the molten iron in the moulds makes cracks and breaks in the moulds of and on by which the assessee is compelled to replace the moulds frequently. The ld. AR of the assessee cited the decision of the Tribunal in this regard in assessee s own case for the assessment year 2004-05 dated 20.01.2011 treated the entire purchase of ingot moulds as revenue expenditur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the assessment year 2004-05 has been reversed by the D Bench of ITAT and secondly on merits also, the issue has been decided in favour of the assessee and the ld. CIT(A), while following the Tribunal s decision on merits has decided both the appeals in favour of the assessee and before us it was submitted that since it is covered issue now, therefore, the appeals of the Revenue for both the y ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the assessment year 2004-05 (consequent upon 263 order passed by the ld. CIT) is concerned, it is found that such order under section 263 has been set aside by the Tribunal and the Tribunal has also decided the issue on merits in favour of the assessee. The ld. CIT(A) has followed the Tribunal s order and decided the issue in favour of the assessee on merits without making mention about the or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Department for this year is also dismissed. 9. Since the appeals of the Revenue have been decided against the Revenue and the COs of the assessee are simply in support of the order of the ld. CIT(A), therefore, those COs have become infructuous and are dismissed. 10. As a result, the appeals of the Revenue as well as COs of the assessee are dismissed. - - TaxTMI - TMITax - Income Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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