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TMI Blog2015 (3) TMI 709X X X X Extracts X X X X X X X X Extracts X X X X ..... JUDGMENT (Judgment of the Court was delivered by R. Sudhakar,J.) The above Tax Case (Appeals) are filed by the Revenue as against the order of the Income Tax Appellate Tribunal raising the following substantial question of law: "Whether on the facts and in the circumstances of the case, the Income-Tax Appellate Tribunal was right in law in holding that Ware Houses/godowns was to be charged unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal the learned D.R. had fairly conceded that the decision in the case of SSM Estates Ltd. in I.T.A.Nos.1189, 1190 and 1191/Mds/2005 dated 24.08.2007 for the assessment year 2003-2004 has been rendered on identical facts in favour of the assessee. Hence, the Tribunal, by following its own decision rendered in the case of SSM Estates Ltd. in I.T.A.Nos.1189, 1190 and 1191/Mds/2005 dated 24.08.2007, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 24.02.2015, dismissed the appeals filed by the Revenue by answering the question of law in favour of the assessee holding as follows: "7. It is seen that the findings of fact arrived at by the Tribunal is not in dispute. The decision of the Supreme Court in the case of Commissioner of Income Tax V. Indian Warehousing Industries Ltd. reported in 258 ITR 93 and that of the jurisdictional High Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said findings of fact. Accordingly, the substantial question of law is answered in favour of the assessee and against the Revenue." 7. Hence, following the above-said decision rendered by this Court in favour of the assessee in an identical circumstance, the above Tax Case (Appeals) are dismissed answering the question of law in favour of the assessee. No costs. Consequently, M.P.No.1 of 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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