TMI Blog2013 (6) TMI 759X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri B.R. Baskaran(AM) For the Appellant: Shri Iype Mathew For the Respondent: Smt. S Vijayaprabha O R D E R Per N.R.S. Ganesan (JM) All these appeals of the assessee are directed against the common order passed by the CIT(A)-III, Kochi dated 30-11-2012 for the assessment years 2004-05, 2005-06, 2006-07, 2007-08 and 2009-10. Therefore, we heard all the appeals togethe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e pointed out that the CIT(A) followed his earlier order for the assessment year 2008-09. The ld.representative submitted that the assessee had filed appeal against the order of the CIT(A) for the assessment year 2008-09 before this Tribunal. This Tribunal in ITA No.320/Coch/2012 order dated 28-02-2013 found that in view of the circular of the CBDT dated 31-08-1965 wherever the profit was estimate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l submissions on either side and also perused the material available on record. The CIT(A), by following his order for the assessment year 2008-09, confirmed the estimation of profit. The very same order was subject matter of appeal before this Tribunal in ITA No.320/Coch/2012. This Tribunal, after considering the claim of the assessee and the circular issued by the CBDT dated 31-08-1965 found tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 320/Coch/2012 is equally applicable for the assessment years under consideration also. Therefore, by following the order of this Tribunal for the assessment year 2008-09 and for the reasons stated therein, the orders of the lower authorities are set aside and the issue is remitted back to the file of the assessing officer. The assessing officer shall reconsider the issue afresh in the light of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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