TMI Blog2013 (4) TMI 456X X X X Extracts X X X X X X X X Extracts X X X X ..... essee in the previous years 2005-06 and 2006-07, therefore, in the present assessment year, the Tribunal found no reason to interfere with the order passed by the Commissioner of Income-Tax (Appeals).of such rate applied in earlier years. Therefore, we do not find that any substantial question of law arises for consideration in the present appeal. Dismissed. - ITANo.18 of 2012(O&M) - - - Dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcumstances of the Hon'ble ITAT was right in law to have upheld the net profit rate applied in the earlier year in the assessee's case without appreciating the fact that the principle of res judicata is not applicable to income tax proceedings each year being a separate year; iii) Whether on the facts and in the circumstances of the case, the Hon'ble ITAT was right in law in upholding the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arranting adoption of higher percentage of net profit or higher amount of disallowance of expenses. We heard learned counsel for the appellant and find no merit in the appeal. As a matter of fact, for the assessment year 2005-06 and 2006-07, this Court has dismissed the revenue's appeal bearing ITS Nos.260 and 261 of 2011 on 13.09.2011. A perusal of the order of this Court shows that in the year ..... X X X X Extracts X X X X X X X X Extracts X X X X
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