2015 (7) TMI 1058

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..... ASTHY, JM: The Miscellaneous Application has been filed by the assessee for recalling the order of Tribunal in ITA No. 1495/PN/2011 for assessment year 2008-09 decided on 30-01-2013.   2. Shri M.P. Machave appearing on behalf of the assessee submitted that the appeal of the assessee was allowed by the Tribunal. The issue in appeal was with respect to depreciation on windmill. The assessee h .....

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..... ubmitted that the Revenue has neither filed appeal against the order of Commissioner of Income Tax (Appeals), Kolhapur dated 17-09-2011 nor against the order of Tribunal in ITA No. 1495/PN/2011 decided on 30-01-2013 due to low tax effect. The ld. DR further submitted that the Revenue has no objection in recalling of the order in ITA No. 1495/PN/2011 dated 30-01-2013. 4. We have heard the submissi .....

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..... or assessment year 2007-08 in ITA No. 890/PN/2011 both are sub-judice.   5. The appeal of the Revenue i.e. ITA No. 890/PN/2011 was dismissed by the Tribunal on 31-12-2012. The said order of the Tribunal has now been recalled in MA No. 93/PN/2014 by the order of even day.   6. In the backdrop of the facts narrated above, we are of the considered view that order in ITA No. 1495/PN/2011 d .....

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