TMI Blog2022 (9) TMI 1512X X X X Extracts X X X X X X X X Extracts X X X X ..... unal has noted the factual contend namely with regard to the purchases which were undertaken by the respondent/assessee as also the terms and conditions of the agreement entered into by the assessee with the concerned highways department and having been factually satisfied that the deduction claimed by the assessee is admissible, had granted relief. More importantly the Tribunal had taken note of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... THE HON BLE JUSTICE T.S. SIVAGNANAM And THE HON BLE JUSTICE SUPRATIM BHATTACHARYA Mr. Tilak Mitra, Adv. for the appellant Mr. J.P. Khaitan, Sr. Adv. for the respondent ORDER The Court :- This appeal filed by the revenue under Section 260A of the Income Tax Act, 1961 (the Act) is directed against the order dated 22nd October 2020 passed in ITA No. 427/Kol/2018 for the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udicial to the interest of revenue as held by Hon ble Apex Act in the case of Malabar Industrial Co. Ltd. Vs. CIT [243 ITR 83] ? We have heard Mr. Tilak Mitra, learned standing Counsel for the appellant and Mr.J. P. Khaitan, learned Senior Advocate for the respondent. The short issue involved in the instant appeal is whether the Commissioner of Income Tax was justifying in assuming jurisdict ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uent years 2013-14 and 2014-15 no disallowance has been made under Section 80IA of the Act. That apart the learned Tribunal has also taken note of various decisions of the Hon ble Supreme Court which had laid down the legal principle as to what and under what circumstances the Commissioner of Income Tax can exercise power under Section 263 of the Act. The revenue has not disputed before us that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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