(1.) By way of this appeal, the appellant has challenged the judgment and order of the Tribunal whereby the Tribunal has dismissed the appeal filed by the department and allowed the appeal and the cross objection of the assessee.
(2.) This Court while admitting the appeal on 21.10.2013 has framed the following substantial questions of law:
(3.) Counsel for both the parties have submitted that the issues are squarely covered by the decision of this Court in the case of Commissioner of Income Tax vs. M/s Gems Paradise, Gulab Niwas, M.I. Road, Jaipur in DB Income Tax Appeal No.201/2010 wherein in para 3 & 4, the Court has observed as under: