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TMI Blog2014 (4) TMI 159X X X X Extracts X X X X X X X X Extracts X X X X ..... he Revenue challenging the impugned order dated 10th October 2012, passed by the learned Commissioner (Appeals)-VIII, Mumbai, for the quantum of assessment passed under section 143(3) of the Income Tax Act, 1961 (for short "the Act"). The sole dispute in this appeal is, whether or not the learned Commissioner (Appeals) was justified in deleting the addition of Rs. 96,00,244 on account of provision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which cannot be allowed. 3. Before the learned Commissioner (Appeals), the assessee submitted that this issue has been decided in favour of the assessee by the Tribunal in assessee's group company's case in Edelweiss Capital Ltd., vide ITA no. 5324/Mum./2007, for the assessment year 2004-053. The learned Commissioner (Appeals), after relying upon the decision fo the Tribunal and also the order o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0/10-11 dated 21/6/2011 has followed the judgment of Hon'ble ITAT AND ALLWOED THE CLAIM OF ASSESSEE. Respectfully following the decision of Hon'ble ITAT in the case of Edelweiss Capital Ltd. (supra), I allow the appellant's appeal in this regard. The addition of Rs. 96,00,244 is therefore, deleted. The appeal on this ground is allowed." 4. Before us the learned Departmental Representative ..... X X X X Extracts X X X X X X X X Extracts X X X X
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