TMI Blog2018 (10) TMI 1604X X X X Extracts X X X X X X X X Extracts X X X X ..... Appeal before the Tribunal, the petitioner can rely upon the view taken by the Tribunal in several cases after introduction of the proviso. The petitioner can persuade the Tribunal to pass an order consistent with its earlier views and, in the event, the facts and circumstances are found to be identical, we have no doubt in our mind that the Tribunal will render a judgment in accordance with law. While rendering such a judgment, it will note the rival contentions and equally make reference to the earlier views of the Tribunal. All this would emerge in the speaking order. - WRIT PETITION NO.1406 OF 1994 - - - Dated:- 22-10-2018 - S.C. DHARMADHIKARI B.P. COLABAWALLA, JJ. Mr. Mihir Naniwadekar i/b Mr. S.N. Inamdar and G. Krishnan for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alient features of this scheme are pointed out in the affidavit of respondent No.4 in reply to this Petition. Further, the deponent points out that on receipt of such subsidy by the petitioner, the authorities under the Income Tax Act, 1961 had passed certain orders. However, for the relevant Assessment Year 1991-1992, the petitioner released a feature film. The Assessment Order under Section 143(3) of the Income Tax Act, 1961 was passed on 25th January, 1993. The order of assessment was served on the petitioner on 3rd May, 1993. The view taken by the Assessing Officer was that the subsidy amount received by the petitioner from the State of Maharashtra needs to be reduced from the cost of production while computing the cost under Rule IXA. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e found to be identical, we have no doubt in our mind that the Tribunal will render a judgment in accordance with law. While rendering such a judgment, it will note the rival contentions and equally make reference to the earlier views of the Tribunal. All this would emerge in the speaking order. 7. Apart therefrom, when the Appeal of the petitioner is pending before the First Appellate Authority, the petitioner has enough time at his disposal to convince the First Appellate Authority that the views taken by the Tribunal after the proviso was introduced, enables the assessee to successfully challenge the Assessment Order. The Assessment Order should be set aside in that view of the matter. The First Appellate Authority will examine the re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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