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The Commissioner of Income Tax Vs Malwa Cotton Spinning Mills

Case No: R.A.-CR No. 210-CII of 2010 in ITA No. 392 of 2010

Date of Decision: March 18, 2011

Hon'ble Judges: M.M. Kumar, J; Jitendra Chauhan, J

Bench: Division Bench

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Judgement

M.M. Kumar, J.@mdashThis is an application seeking review of our order dated 12.05.2010 in respect of question Nos. i, ii, v. and iv.

2. Notice of the application has been issued.

3. Mr. Sandeep Goyal, learned Counsel for the non applicant-Respondent has put in appearance on behalf of the Respondent. The prayer made in

the application has been opposed by filing reply to the review application.

4. After hearing learned Counsel for the parties, we are of the view that there are sufficient grounds for accepting the review application in respect

of question Nos. i, ii, v. and iv.

5. Mr. Dinesh Goyal, learned Counsel for the review applicant has pointed out various objections made in the order of Tribunal, which shows to

the contrary. Those paras have also been cited in the review application. There is no serious dispute with regard to the aforesaid factual position.

6. In view of the above, we recall our order dated 12.05.2010 in respect of question Nos. i, ii, v. and iv 22.04.2010. Let the matter be listed for

motion hearing as per roster.