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2018 (1) TMI 1564

..... ) TMI 1745 - ITAT AHMEDABAD] impugned CIT(A)’s order, he has merely followed his order for the assessment year 2008-09 which has not been challenged, on this point, by the Revenue authorities. Learned Departmental Representative does not dispute this fact. In the light of the above factual position, it is clear that once the Revenue authorities accept the stand of the CIT(A) on an issue and allow it to reach finality in one assessment year, it cannot be open to them to challenge the same in the subsequent assessment year. As noted by Hon’ble Supreme Court, in the case of CIT vs. Radhasoami Satsang 1991 (11) TMI 2 - SUPREME COURT, while “strictly speaking, res judicata does not apply to income tax proceedings”, &ldquo .....

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..... tional High Court of Gujarat in favour of the Revenue and against the assessee in the case of GSRTC [2014 (1) TMI 502 - GUJARAT HIGH COURT] - ITA. No. 2791 & 2530/AHD/2014 - 8-1-2018 - SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI MAHAVIR PRASAD, JUDICIAL MEMBER For the Appellant : Smt. Vasundra Upmanyu, CIT/DR For the Respondent : Shri T. P. Hemani, A.R. ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER 1. ITA No. 2791/Ahd/2014 & 2530/Ahd/2014 are cross appeals by the Revenue and the Assessee preferred against the order of Ld. CIT(A)-XIV, Ahmedabad dated 04.07.2014 pertaining to A.Y. 2010-11. 2. Both these appeals were heard together and are disposed of by this common order for the sake of convenience. ITA No. 2791/Ahd/2014 Revenue s appeal .....

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..... e light of the above factual position, it is clear that once the Revenue authorities accept the stand of the CIT(A) on an issue and allow it to reach finality in one assessment year, it cannot be open to them to challenge the same in the subsequent assessment year. As noted by Hon ble Supreme Court, in the case of CIT vs. Radhasoami Satsang [(1992) 193 ITR 321 (SC)], while strictly speaking, res judicata does not apply to income tax proceedings , where a fundamental aspect permeating through the different assessment years has been found as a fact one way or the other and parties have allowed that position to be sustained by not challenging the order, it would not at all be appropriate to allow the position to be changed in a subsequent year .....

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..... diaries, does not constitute an international transaction, and, as such, no ALP adjustment can be made in respect of the same. Accordingly, entire ALP adjustment stands deleted. As for the quantum of this adjustment, which is mainly the subject matter of grievance raised in revenue s appeal, once the entire ALP adjustment stands deleted, that aspect of the matter is wholly academic and does not call for any adjudication by us. 25.Ground no. 3 in the Assessing Officer s appeal is thus dismissed as infructuous, and ground nos. 4,5,6 and 7 in the assessee s appeal are thus allowed in the terms indicated above. 6. We see no reasons to take any other view of the matter that the view so taken, by the co-ordinate bench, for the immediately precedi .....

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..... 9. 11. Respectfully following the findings of the Co-ordinate Bench, we decline to interfere. Ground no. 2 is dismissed. 12. Ground no. 3 relates to the deletion of the positive adjustment u/s. 14A while determining book profit u/s. 115JB of the Act. 13. While deciding the appeal for A.Y. 2009-10, the Tribunal has considered this issue at Para 38 while deciding ground no. 7 of Revenue s appeal wherein the Co-ordinate Bench has decided the issue in favour of the assessee by drawing support from the decision of the Hon ble High Court of Gujarat in the case of Alembic Ltd. in ITA No. 1249 of 2014. 14. As no distinguishing decision has been brought on record in favour of the revenue. Respectfully following the findings of the Co-ordinate Bench, .....

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