2014 (4) TMI 824

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....: Honourable Mr. Justice Akil Kureshi) 1. Revenue has filed this appeal against the order of the Income tax Appellate Tribunal (hereinafter referred to as "the Tribunal") dated 30th August, 2013, raising the following questions for our consideration : "[A] Whether the Appellate Tribunal has substantially erred in directing the Assessing Officer to admit assessee's contention for deleting the....

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....ut still confirmed the view of the Assessing Officer that section 14A of the Act would apply. 4. The assessee carried the matter in further appeal before the Tribunal. The Tribunal relied upon its own decision for the subsequent assessment year 2003-2004, in case of this very assessee, where somewhat similar question had come up. The Tribunal concluded as under : "20. Before us, the learned ....

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....s directed to admit the issue and decide the issue afresh on merits as per law after considering the submissions made by the Assessee and after giving a reasonable opportunity of hearing to the Assessee. Assessee is also directed and furnish promptly the details called for by the AO to decide the issue. Thus this ground of the Assessee is allowed for statistical purposes." 5. In this context, t....

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....lready considered the issue and given detailed findings, it would be appropriate for the Tribunal to give its final conclusive opinion on the entire issue. 7. Learned counsel for the Revenue placed heavy reliance on the decision of the Supreme Court in the case of Gietze (India) Limited Vs. Commissioner of Income-tax, reported in [2006] 284 ITR 323 (SC), whereas counsel for the assessee placed ....