TMI Blog2013 (10) TMI 199X X X X Extracts X X X X X X X X Extracts X X X X ..... sing Officer for assessment year 2003-04. The Tribunal by impugned order while applying rule of consistency held that it is not permissible for the revenue to agitate the same issue when in the earlier assessment year 2003-04 the same being taxable as capital gains has been accepted by the revenue – Decided against the Revenue. - IT Appeal (L) No. 3 of 2013 - - - Dated:- 1-3-2013 - J.P. DEVADHA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court in the case of Godrej Boyce Manufacturing Company Ltd. v. DCIT [2010] 328 ITR 81 (Bom.) despite the fact that the A.O. has clearly stated that is a case where interest bearing funds were utilized for earning tax free income? (c) Whether on the facts and in the circumstances of the case and in law the Tribunal is right in holding that the income from sale of land is in the nature a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ight of the decision of this Court in Godrej Boyce Mfg. Co. Ltd. v. Dy. CIT [2010] 328 ITR 81. In these circumstances, we see no reason to entertain the proposed questions (a) and (b). 3. So far as question (c) and (d) are concerned, the Assessing Officer has recorded a finding of fact that on a similar issue for earlier assessment year 2003-04 the income earned from the sale of land has been ..... X X X X Extracts X X X X X X X X Extracts X X X X
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