TMI Blog2010 (4) TMI 664X X X X Extracts X X X X X X X X Extracts X X X X ..... NDRACHUD D. Y. DR., DEVADHAR J. P. JJ JUDGMENT The appeal by the Revenue under section 260A of the Income-tax Act, 1961 arises out of an order of the Income-tax Appellate Tribunal datedApril 23, 2009in relation to the assessment year 2003-04. The appeal is admitted on the following two questions : "(i) Whether on the facts and in the circumstances of the case, the hon'ble Income-tax A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceipts and the export business of the assessee ?" 2. Counsel appearing on behalf of the Revenue and counsel appearing on behalf of the assessee are agreed in stating before the court that question (ii) as formulated shall stand covered against the assessee and in favour of the Revenue in terms of the decision of the court rendered today in CIT v. Dresser Rand India Pvt. Ltd. (ITA No. 2186 of 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ous income (reversal of LD charges), counsel appearing on behalf of the assessee and the Revenue are agreed that the issue may be remanded back to the Tribunal for fresh consideration, in the light of the judgment of the Supreme Court in Liberty India [2009] 317 ITR 218. Ordered accordingly. The appeal is accordingly allowed in the aforesaid terms. 3. There shall be no order as to costs. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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