TMI Blog2013 (6) TMI 923X X X X Extracts X X X X X X X X Extracts X X X X ..... he revenue under Section 260A of the Income Tax Act ( the Act ) challenging the order dated 26 October 2006 of the Income Tax Appellate Tribunal, Mumbai ( the Tribunal ) in respect of the assessment year 1993- 94. 2) The appellant revenue has proposed the following question of law for the consideration of this Court. Whether on the facts and in the circumstances of the case and in law the Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provisions of Section 50 of the Act. 4) In appeal the CIT(A) dismissed the respondent assessee's appeal and upheld the order of the Assessing Officer. 5) On further appeal, the Tribunal by the impugned order allowed the respondent assessee's appeal by following the decision of the Apex Court in the matter of CIT vs. Hind Construction reported in 1972 (83) ITR 211. In the above case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a limited company took place in a year subsequent to assessment year 1993 94. Hence, the distinction sought to be made on behalf of the revenue for non application of Hind Construction (supra) cannot be accepted. 8) Even otherwise the learned Counsel for the respondent assessee has relied upon the decision of the Punjab Haryana High Court in the case of CIT Vs. Rita Mechanical Works reported ..... X X X X Extracts X X X X X X X X Extracts X X X X
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