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2018 (3) TMI 1084

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..... 2(4) of the Act and is binding as evidence or not? - Held that:- As decided in Principal Commissioner of Income Tax-5 v. Dhwani Mahendra Shah [2017 (2) TMI 463 - ITAT AHMEDABAD] the shares were thereafter transferred to demat account. The demat account was in the name of the assessee, from where the shares were sold. In our understanding of the facts, if the shares were of some fictitious company .....

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..... e Income Tax Act, 1961 (hereinafter referred to as the Act ) has challenged the common order dated 21.10.2016 made by the Income Tax Appellate Tribunal, Ahmedabad Bench B in ITA No.923/Ahd/2015 and ITA No.924/Ahd/2015 for assessment years 2008-09 and 2009-10 respectively, by proposing the following common questions stated to be substantial questions of law: [ A] Whether the Appellate Trib .....

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..... d by this court in the case of Principal Commissioner of Income Tax-5 v. Dhwani Mahendra Shah rendered in Tax Appeal No.674 of 2017, to submit that in an appeal arising out of the common order of the Tribunal, raising identical questions, this court has dismissed the appeal and upheld the order passed by the Tribunal. It was submitted that therefore, for the same reasons, these appeals also de .....

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