https://www.taxtmi.com/caselaws?id=302369 The Revenue's appeal against the deletion of an addition under Section 40(a)(ia) was successful as the Tribunal found the Commissioner of Income Tax (Appeals)'s decision untenable based on a subsequent Calcutta High Court judgment. The assessee's Cross Objection, asserting its status as an Association of Persons (AOP) rather than a firm, was upheld by the Tribunal. The matter was remanded to the Assessing Officer to determine the correct status, emphasizing that the issue could be raised before the Tribunal even if not raised before lower authorities. Both the Revenue's appeal and the assessee's Cross Objection were allowed. en-us Tue, 25 Jun 2013 00:00:00 +0530 Sat, 21 May 2022 17:42:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=302369 The Revenue's appeal against the deletion of an addition under Section 40(a)(ia) was successful as the Tribunal found the Commissioner of Income Tax (Appeals)'s decision untenable based on a subsequent Calcutta High Court judgment. The assessee's Cross Objection, asserting its status as an Association of Persons (AOP) rather than a firm, was upheld by the Tribunal. The matter was remanded to the Assessing Officer to determine the correct status, emphasizing that the issue could be raised before the Tribunal even if not raised before lower authorities. Both the Revenue's appeal and the assessee's Cross Objection were allowed. Case-Laws Income Tax Tue, 25 Jun 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=302369