COMMISSIONER OF INCOME TAX Vs. GAMDIWALA DAIRY

JUDGEMENT

(1.) THE appellant-Revenue, being aggrieved by the order of Income Tax Appellate Tribunal dated 12th March, 2010 has preferred the present Appeal u/s. 260-A of the Income Tax Act, 1961, (hereinafter referred to as the Act) proposing the following questions of law for determination of this Court:

(2.) HEARD learned counsel Mr.Manish Bhatt appearing for the Revenue. On closely examining the materials placed before this Court and having regard to the submissions made as also considering the orders of adjudicating authorities, for the reasons to be followed hereinafter, the appeal requires to be dismissed.

(3.) THIS Court examined in the Tax Appeal No. 1545/2010 similar question. The same has been held in favour of the assessee and against the Revenue in the following manner: