TMI Blog2007 (7) TMI 642X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee contending therein that in course of hearing of appeal reliance was placed by the asscsscc on the judgment of Hon'ble Karnataka High Court rendered in the case of CIT vs. Kwality Biscuits Ltd., 243 ITR 519. It is also submitted in the Miscellaneous Application that this decision of Hon'ble Karnataka High Court has been approved by the Hon'ble Apex Court as reported in 284 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s issue in favour of the assessee as per the judgment rendered in the case of IBM vs. CIT as reported in 290 ITR (AT) 183, As against this, it is submitted by the ld. Departmental Representative of the Revenue that there is no mistake in the impugned Tribunal order and hence this miscellaneous application of the assessee should be rejected. 3. We have considered the rival submissions and peruse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , all other provisions of this Act shall apply to the assesses mentioned in this section. It was also noted that this provision was not present in section 115J and hence, it was held that this judgment is of no help to the assesscc in the present case. Since as per the judgment of Hon'ble Apex Court in the case of Kwality Biscuits (supra), only judgment of Karnataka High Court was affirmed whi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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