TMI Blog2012 (12) TMI 1049X X X X Extracts X X X X X X X X Extracts X X X X ..... R D E R PER SHRI MUKUL Kr. SHRAWAT, JUDICIAL MEMBER: This miscellaneous petition has been filed on 30/07/2012 arising from the order of the Tribunal as referred hereinabove in the nomenclature dated 26/11/2010. The petitioner has stated that the Tribunal has followed the then available precedent of the Hon'ble Bombay High Court pronounced in the case of Kapataru Colour Chemicals Lt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hmedabad in a miscellaneous petition of Jay Chemicals Industries Ltd. vs. DCIT bearing MA No.50/Ahd/2012 [in ITA No.4237/Ahd/2007 A.Y. 2004-05] order dated 31/08/2012 has allowed such petition in the following manner:- 4. Respectfully following this judgement of Hon'ble Gujarat High Court rendered in the case of Suhrid Giegy Ltd. (supra) and also the judgement of Hon'ble Apex Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a fresh decision as per this judgement of Hon'ble Apex Court rendered in the case of Topman Exports (supra). 3. In the like manner, we hereby hold that the issue is now required to be decided by the Assessing Officer in the light of the decision of the Hon'ble Apex Court. Therefore, the ground in question is set aside for re-adjudication as per law by the Assessing Officer. 4. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
