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2016 (5) TMI 1181 - AT - Income TaxSales turnover computation - Held that:- the decision of the Tribunal is binding on the Assessing Officer and he cannot pick up a word or sentence from the order of the Tribunal de hors the context of the question under consideration and construe it to be complete law declared by the Tribunal. A judgment must be read as a whole. Being so, the Assessing Officer cannot sit in judgment over the order of the Tribunal, and he is required to give just effect to the order of the Tribunal. If he has any grievance, he is at liberty to appeal against that order of the Tribunal before higher forum. We direct the AO to strictly consider that the assessee has only manufactured 156 WTGs and inter divisional transfer cannot be treated as sales and the same has to be reduced from the total sales and he has to arrive the cost of 1 WTG by dividing the total cost of manufacture by 156 WTGs and correspondingly recompute the sale turnover and grant depreciation on 6 WTGs at applicable rate which were inter-divisional transfers Levy of interest u/s.220(2) - Held that:- The period specified under section 220(1) has to be taken into consideration from the date of passing of the fresh assessment order and not the earlier assessment order, which has been set aside. Accordingly, this issue is decided in favour of the assessee.
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