TMI Blog2008 (8) TMI 1046X X X X Extracts X X X X X X X X Extracts X X X X ..... filed by the revenue challenging the impugned order of the High Court whereby the High Court has answered the reference in the affirmative i.e. in favour of the assessee and against the revenue. The following two questions were referred to the High Court: "1. Whether on the facts and in the circumstances of the case, the Tribunal was right in law in holding that in spite of the Supreme Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me in the affirmative i.e. in favour of the assessee and against the revenue.
Insofar as question No.2 is concerned, for the reasons given in our order of even date in Civil Appeal No.1549 of 2006, we answer the same in the affirmative i.e. in favour of the assessee and against the revenue.
Accordingly, this appeal is dismissed. Parties to bear their own costs. X X X X Extracts X X X X X X X X Extracts X X X X
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