NATIONAL COMPANY Vs. ASSISTANT COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) The Assessee has filed T.C.A.No. 365 of 2009 under Section 260-A of the Act challenging the order of the Income Tax Appellate Tribunal dated 12.12.2008 whereby the Tribunal had allowed the Appeal of the Revenue which had been filed challenging the order of the Commissioner of Income Tax (Appeals) - VI, Chennai, dated 16.03.2007 relevant to the Assessment Year 2004-2005.

(2.) The Assessee has also filed T.C.A.No. 366 of 2009 under Section 260-A of the Act challenging the order of the Income Tax Appellate Tribunal dated 12.12.2008 whereby the Tribunal had dismissed the cross objections filed by the Assessee relating to the same order of the Commissioner of Income Tax (Appeals) - VI, Chennai dated 16.03.2007 relevant to the Assessment Year 2004-2005.

(3.) Both the appeals have been admitted on the following substantial questions of law:-