9911796707
TMI Blog2012 (6) TMI 152X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 260-A of the Income Tax, 1961 preferred by the Revenue against the different orders passed by the Income Tax Appellate Tribunal, Jodhpur Bench, Jodhpur for different assessment years but in relation to the same assessee and involving identical questions of law, have been considered together; and are taken up for disposal by this common judgment. 2. These appeals were admitted on the followi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l for the parties have frankly pointed out that in relation to the same assessee, the above questions had been the subject of consideration in D.B. Income Tax Appeal No. 79/2005, decided on 25.04.2008; and have placed for perusal the copy of the said judgment dated 25.04.2008. 4. In the said judgment dated 25.04.2008, a co-ordinate Bench of this Court has taken note of the ratio in the case of Tu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioned receipts would be revenue receipts or capital asset. The relevant operative part of the judgment reads as under:- "13. In that view of the matter, what we are required to consider is, as to whether the Tribunal was legally justified in not applying the judgment rendered in Tuticorin's case (supra), or that, the Tribunal was justified in applying the judgments given in Bokaro Steel, and Kar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ollowing the judgment in Tuticorin's case (supra). 14. Therefore, when there are two sets of judgments of Hon'ble Supreme Court, proceeding on different lines of reasonings, and both stand on their own logical footing, and in that event, if the learned Tribunal has accepted one line of reasoning, supported by one set of judgments, it cannot be said, that the learned Tribunal was legally not justi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. Accordingly, and as a result of the aforesaid, the questions as formulated in the present appeals are answered against the Revenue and in favour of the assessee; and the appeals are dismissed following the said judgment dated 25.04.2008 in D.B. Income Tax Appeal No. 79/2005 and in the same terms. DB IT Appeal No. 129 of 2007. The appeal is dismissed vide common judgment in D. B. Income Tax Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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