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2012 (11) TMI 893 - HC - Income TaxMaintainability of appeal before High Court - doctrine of merger and also estoppel - Incentives - Capital Receipt vs Revenue Receipt - Addition on account of notional interest on investment - held that:- From year 2003 till 2008 no action was taken to challenge the other portion of the impugned judgment and order. The matter was pending before the learned Tribunal till 2004. By the act and conduct held that the impugned judgment and order dated 28th November, 2003 has been merged with the final order dated 20th of December 2004 as rightly argued by Mr. Som - petitioner is estopped from challenging the same when it was not challenged on any other grounds within the period of limitation - even if the appeal is admitted by the order of the Court the question of entertain ability will arise. Thus applying the doctrine of merger and also estoppel this appeal is not maintainable. Under the circumstances other arguments advanced on the merit of the case should be considered by this Court - appeal dismissed.
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