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2015 (9) TMI 802 - BOMBAY HIGH COURT

2015 (9) TMI 802 - BOMBAY HIGH COURT - TMI - Review petition - Held that:- A complete reading of the order under review reveals that the Assessing Officer can proceed in terms of our judgments setting out the legal principles and delivered in the main Appeal. The matter has been sent back to the Assessing Officer and he has to verify the ratable value. If that is to be verified by him, it will be open for the Assessing Officer to consider all the materials including applying the legal principles .....

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s is a Review Petition seeking review of an order passed on 14th August, 2014 in Income Tax Appeal No.1213 of 2011. 2. Mr Chhotaray, learned counsel appearing in support of this Review Petition and on behalf of the Revenue submits that this Court had passed two orders on the subject or issue on 8th August, 2014 and 14th August, 2014. The order passed on 8th August, 2014 dealt with number of cases but the lead case was the Commissioner of Income Tax-12 V/s Tip Top Typography in Income Tax Appeal .....

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namely, 14th August, 2014 in Income Tax Appeal No.2108 of 2011, copy of which is at page 99 of the paper book. 4. On the other hand, it has been argued on behalf of the Assessee that there is no merit in the Review Petition. This Court has clarified that the matter has been sent back by the Tribunal to the Assessing Officer with a direction to verify ratable value fixed by the Municipal Authority, and thereafter, the Assessing Officer to proceed in accordance with law. 5. It is, therefore, subm .....

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