COMMISSIONER OF INCOME TAX Vs. BANSWARA FABRICS LTD

JUDGEMENT

(1.) BY the very same order under appeal the Tribunal has decided three appeals filed by the assessee. Three appeals have been filed by the assessee relating to the asst. yrs. 1986 -87, 1987 -88 and 1988 -89, which have been decided in favour of the assessee. Aggrieved by the said order, the Revenue has preferred three appeals one of which being DB IT Appeal No. 56/2003, related to the asst. yr. 1987 -88. In all the three appeals including the present one, following four questions of law were stated to be substantial questions of law arising for consideration against the judgment of the Tribunal dt. 28th Aug., 2002:

(2.) IT is contended by the learned Counsel for the respondents that in DB IT Appeal No. 56/2003, the very same questions have been sought to be raised as substantial questions of law by the Revenue in respect of asst. yr. 1987 -88 whereas this appeal relates to asst. yr. 1986 -87.

(3.) IT has also been brought to our notice that another appeal relating to asst. yr. 1985 -86 raising the same issues has also been dismissed by order dt. 12th Dec, 2005 passed in DB IT Appeal No. 116/2005 which related to question Nos. 3 and 4 only.