2015 (7) TMI 1059

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..... AS AWASTHY, JM: The Miscellaneous Application has been filed by the assessee for recalling the order of Tribunal in ITA No. 890/PN/2011 for assessment year 2007-08 in the case of DCIT Vs. Western Precicast Pvt. Ltd. decided on 31-12-2012. 2. Shri M.P. Machave appearing on behalf of the assessee submitted that ITA No. 890/PN/2011 was filed by the Revenue against the order of Commissioner of Incom .....

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..... eeds to be recalled. 3. Department was asked to furnish information, whether the Revenue has filed any appeal against the order of Tribunal before the Hon'ble High Court? The ld. DR after seeking necessary information from the concerned official submitted, that the Department has accepted the order of the Tribunal. No appeal has been filed against the order of Tribunal, on account of low tax .....

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..... oner of Income Tax (Appeals) was dismissed by the Tribunal on 31-12-2010. Since, both the appeals arising from same order are to be adjudicated together, hence the present application. 5. In the backdrop of the facts narrated above, we are of the view that since, the appeal of the Revenue in ITA No. 890/PN/2011 and the appeal of the assessee in ITA No. 814/PN/2011 are arising out of same order o .....

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