COMMISSIONER OF INCOME TAX Vs. CONSTRUCTION ENGINEERS

JUDGEMENT

(1.) The present appeal is directed against the order dated 11.05.2012 passed by the Income Tax Appellate Tribunal (ITAT), Amritsar Bench, Amritsar, inter alia, in ITA No. 494(Asr)/2010 and 381 (Asr)/2010 pertaining to the assessment year 2005-06. The former appeal was preferred by the assessee whereas the latter appeal was preferred by the revenue before the Income Tax Appellate Tribunal.

(2.) On 007.2013, a Division Bench of this Court while admitting the present appeal had framed the following substantial questions of law :-

(3.) Insofar as the first question is concerned, the matter has to be remitted to the Tribunal for a consideration afresh in terms of our direction given in ITA No. 04/2012 by the very same assessee which we have rendered today itself (that decision pertains to the year 2007-08).