TMI Blog2015 (2) TMI 849X X X X Extracts X X X X X X X X Extracts X X X X ..... f the present case? - Held that:- Tribunal while dismissing the appeals filed by the Revenue,without entering into the merits of the case and/or considering the findings recorded by the Assessing Officer. Also appears from the judgment of the Tribunal and so also, the appellate authority that both have also not considered the effect of the notification on the facts of the present case. Thus remand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the Tribunal, were directed against the order of the Commissioner of Income-tax (Appeals-III), Bangalore (for short the appellate authority ) dated December 31, 2004, in I. T. A. Nos. 85 and 86 of 2003-04. The appellate authority, partly allowed the appeals filed by the assessee, which were directed against the assessment order dated September 29, 2003, under section 143(3) of the Income-tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issue raised in the instant case is squarely covered by the said judgment. The Tribunal further observed that the appellate authority was justified in adopting the completed contract method for computing the income. He submitted that neither the Tribunal nor the appellate authority entered into the merits of the case to find out whether the findings recorded by the Assessing Officer are correct. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... leries' case to hold that the present case is squarely covered by the said judgment without entering into the merits of the case and/or considering the findings recorded by the Assessing Officer. It further appears from the judgment of the Tribunal and so also, the appellate authority that both lost sight of the fact that the notification dated January 25, 1996, issued under section 145(2) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any opinion on the merits of the case. (c) All contentions are left open. (d) The Tribunal, while dealing with the appeals, as aforementioned, shall keep in view the notification dated January 25, 1996, and consider whether that has any effect on the facts of the present case. It may also consider the submission of the learned counsel appearing for the assessee, as rec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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