TMI Blog2010 (12) TMI 1191X X X X Extracts X X X X X X X X Extracts X X X X ..... runakara Rao (Accountant Member) This is an appeal (ITA No. 600/PN/08) filed by the assessee against the order of the CIT(A)-I, Pune dated 26-02-2008 for the A.Y 2005-06. Revenue filed the CO in this regard. 2. At the very outset, Shri Pramod Achuthan Ld. Counsel for the assessee mentioned that the assessee filed an appeal against the order of the CIT(A) in connection with the decision of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rence to para 5 of the impugned order. Further, Ld. Counsel mentioned that both these issues stands covered by the order of this Bench in the assessee s own case for the A.Y 2003- 04 vide ITA No. 1147/PN/07 and CO No. 52/PN/07 dated 31-08-2009. In this regard, Ld. Counsel take us to the various paras of this order and mentioned that so far as the effect of the amendment of Rule 5(b) is concerned, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Respected co-ordinate Bench has duly taken the note of an earlier decision of that very Bench decided in the case of that very assessee vide order dated 29 th September 2004 bearing ITA Nos. 7815/Del/1989; 3607 to 3609/Del/1990; 5035/Del/1998 3910/Del/2000 named as DCIT vs. Oriental General Insurance Co. Ltd. reported in 92 TTJ 300 (Del). As seen from the paras reproduced above on due con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act. Once we have taken this view therefore the enhancement as proposed by ld. CIT(A) is reversed and the directions in this regard are set aside. Resultantly Ground no. 1 is allowed consequent thereupon Ground no. 2 automatically goes in favour of the assessee. 4. Considering the above, we are of the opinion that both the issues raised by Ld. Counsel for the assessee in the appeal of the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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