COMMISSIONER OF INCOME TAX Vs. CRESCENT EXPORT SYNDICATE

JUDGEMENT

(1.) THE subject matter of challenge in ITAT No.30 of 2013 is a judgment and order dated July 18, 2012, by which the learned Tribunal, relying on the decision of a Special bench in the case of Merilyn Shipping & Transports (ITA 477/viz/2008, dated March 29, 2012) held as follows:

(2.) ITAT No.20 of 2013 is directed against a judgment and order dated May 24, 2012, by which the learned Tribunal, following the aforesaid judgment in the case of Merilyn Shipping & Transports, passed the following order:

(3.) MR . Bagchi, learned Advocate appearing for the assessee in ITAT No.30 of 2013, drew our attention to the judgment in the case of Merilyn Shipping & Transports. The reasons why the Tribunal was of the opinion that clause (ia) of section 40 of the I.T. Act, 1961 did not apply to the amounts already paid, according to the aforesaid judgment of the Tribunal, are as follows: