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2011 (9) TMI 1069

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..... ppeals are filed by the assessee. The relevant assessment years are 2000-01 and 2002-03 to 2006-07. The appeals are directed against the order of the Commissioner of Income-tax (Appeals) at Bangalore dated 17.03.2010. The appeals arise out of the assessments completed u/s 143(3) of the Income-tax Act, 1961. ITA No.791/Bang/2010 : 2. In this appeal, the assessee is aggrieved by the order of the .....

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..... d deposits kept with the nationalized banks had arisen during the earlier assessment years also i.e for assessment year 2001-02 and this Tribunal, taking into consideration the fact that the decision of the Hon'ble High Court of Karnataka in the assessee's own case in favour of the Revenue has been stayed by the Hon'ble Supreme Court in SLP 14475/2006 has restored the issue to the file of the Asse .....

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..... fore the Hon'ble Apex Court are the same as the case before us, we deem it fit and proper to restore this issue to the file of the AO with a direction to await the decision of the Hon'ble Supreme Court in the assessee's own case for the earlier assessment years and apply the law as propounded by the Hon'ble Supreme Court for the relevant assessment year also. As regards the alternative contention .....

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..... ncelled. 6. The learned DR however submitted that the reassessment is valid as notice u/s 148 of the Income-tax Act was issued only after complying with the conditions laid down there-under. 7. Having heard both the parties and having considered the rival contentions, we find that the main issue relating to the taxability of the interest income has already been set aside to the file of the AO. T .....

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