COMMISSIONER OF INCOME TAX Vs. GEM GRANITES

JUDGEMENT

(1.) These appeals have been filed by the Revenue and the substantive appeals are appeals in T.C.(A) Nos.1197 to 1199 of 2008, which have been filed against the common order dated 27.10.2006, passed by the Income-tax Appellate Tribunal Madras "A" Bench, Chennai in ITA Nos.1456(Mds)/2002; and 804 & 805(Mds)/2008 respectively for the assessment years 1997-98, 1998-99 and 1999-2000.

(2.) The appeals have been admitted on the following substantial question of law:-

(3.) Tax Case (Appeal) Nos.1037 to 1040 of 2008 have been filed by the Revenue challenging the giving effect to the order passed by Commissioner under Section 263 of the Income Tax Act, 1961 (hereinafter referred to as the Act ) dated 12.0200 The appeals, filed by the Revenue as against the said giving effect to the order, were dismissed by the Tribunal, by order dated 05.01.2007, in ITA Nos.3114 and 3115/Mds/2004 and 3201 and 3202/Mds/2004. These orders are impugned in T.C.(A) Nos.1037 to 1040 of 2008. These appeals have been admitted on the following substantial question of law:-