LAWS(GAU)-2009-4-51

COMMISSIONER OF INCOME TAX Vs. INDIA CARBON LIMITED

Decided On April 21, 2009
COMMISSIONER OF INCOME TAX Appellant
V/S
India Carbon Limited Respondents

JUDGEMENT

(1.) THIS appeal under Section 260A of the Income -tax Act, 1961 (hereinafter referred to as the Act), is directed against the order dated September 7, 2005, passed by the Income -tax Appellate Tribunal, Gauhati Bench, Guwahati. By the aforesaid order the learned Tribunal has affirmed the earlier order dated November 21, 2003, passed by the Commissioner of Income -tax (Appeals -2) by which the rectification in the assessment of the respondent -company for the assessment year 1999 -2000, as made by the Assessing Officer, has been cancelled.

(2.) THE facts, which are short and are not in dispute.

(3.) THE Revenue, being aggrieved, preferred a further appeal before the learned Tribunal. Once again, the learned Tribunal elaborately recited the cases of the respective parties and thereafter came to the following conclusion: