(1.) SINCE , the issue involved in both the appeals is common, they are heard together and disposed of by this common judgment.
(2.) THESE are appeals by the appellant -Revenue, seeking to challenge the order of the learned ITAT, Ahmedabad Bench 'D', Ahmedabad (for short, 'the Tribunal'), Dated: 22.08.2005, rendered in ITA No. 438/Ahd. 2001 for A.Y. 1996 -97 and ITA No. 437/Ahd. 2001 for A.Y. 1997 -98, whereby, the Tribunal dismissed the appeals filed by the appellant -revenue.
(3.) AT the time of admitting this appeal, this Court framed the following common question of law, which arise in both the appeals;