(1.) BY way of this appeal, the Revenue has challenged the order dated 31.12.2002 passed by the Income Tax Appellate Tribunal, Rajkot (for short "the ITAT") in ITA No. 551(RJT.)/2002.
(2.) WHILE admitting this appeal on 09.09.2003, the Court had formulated the following substantial question of law: - -
(3.) LEARNED advocate for the appellant has invited our attention to a decision in the case of Hiaben Jayantilal Shah V. Income Tax Officer, reported in : [2009] 310, ITR 31 : [2009] 181 TAX.man 191(Guj.) and submitted that the issue involved in this appeal is squarely covered by the aforesaid decision. Paragraphs 27 and 28 of the above decision reads as under: - -