TMI Blog2023 (4) TMI 857X X X X Extracts X X X X X X X X Extracts X X X X ..... e the appellate tribunal to believe that the view taken by the assessing officer is unsustainable in law and is erroneous and prejudicial to the interest of the revenue? - HELD THAT:- Question nos. (i), (ii) and (iii) are covered by the Full Bench order [ 2022 (10) TMI 851 - KERALA HIGH COURT] Hence, the questions are answered in favour of the assessee and against the Revenue for statistical purp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... USTICE BASANT BALAJI APPELLANT: ADVS. SRI.M.GOPIKRISHNAN NAMBIAR, SRI.P.BENNY THOMAS, SRI.K.JOHN MATHAI RESPONDENT: ADVS. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES), SRI.JOSE JOSEPH, SC, FOR INCOME TAX JUDGMENT S.V.Bhatti, J. Heard Mr Kuryan Thomas, learned counsel for the appellant and Mr P.K.R Menon learned Senior Standing Counsel for the respondent. 2. Rehabilitation Pl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing neces-sary enquiries and verifications? iii. Whether there were materials before the appellate tri-bunal to believe that the view taken by the assessing of-ficer is unsustainable in law and is erroneous and preju-dicial to the interest of the revenue? iv. Ought not the appellate tribunal to have found that since the loss sustained by the rubber sheet factory was in the course of a busine ..... X X X X Extracts X X X X X X X X Extracts X X X X
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