V.C.Nannapaneni vs Asst.Commissioner Of Income Tax
2023 Latest Caselaw 2324 Tel

       THE HONOURABLE SRI JUSTICE P.SAM KOSHY

AND THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

I.T.T.A.No.298 of 2007

JUDGMENT: (per Hon'ble Sri Justice P.SAM KOSHY)

The instant appeal is filed by the appellant under Section

260-A of the Income Tax Act, 1961 assailing the order passed by

the Income Tax Appellate Tribunal, Hyderabad in

I.T.A.No.334/HYD/2005, dated 19.04.2007.

2. When the matter is taken up for hearing, learned counsel

for the parties fairly conceded that similar issue had already

been decided by a learned Division Bench of this Court in

I.T.T.A.Nos.159 and 160 of 2005, dated 05.01.2018, where in

respect of the appeals preferred by the present assessee himself

were allowed and the issue was decided against the Revenue and

in favour of the assessee.

3. Given the fact that this Court has, in the case of the

present assessee himself, already passed orders deciding the

issue in favour of the assessee (referred above), the present

appeal also stands allowed on similar lines.

4. Accordingly, the Appeal is allowed as above. No costs.

5. Consequently, miscellaneous petitions pending, if any,

shall stand closed.

__________________ P.SAM KOSHY, J

___________________________________ LAXMI NARAYANA ALISHETTY, J

Date : 13.09.2023 Ndr