2014 (7) TMI 718

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....ee directed against the Order by the Commissioner of Income Tax (Appeals)-30, Mumbai ('CIT(A)' for short) dated 05.11.2012, dismissing the assessee's appeal contesting its assessment u/s.143(3) of the Income Tax Act, 1961 ('the Act' hereinafter) for the assessment year (A.Y.) 2009-10 vide order dated 18.11.2011. 2. At the very outset, it was submitted by the ld. Authorized Representative (AR), th....

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....mmediately preceding year, is that it maintains different set of accounts, i.e., for his business and personal purposes, and that no expenditure in fact has been incurred toward earning the dividend income and long-term capital gain on shares, i.e., the two incomes not forming part of the total income for the year. The Assessing Officer (A.O.) has not, in considering the assessee's case, recorded ....

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....ng facts, restore the matter back to the file of the A.O. with like directions. We decide accordingly. 4. The second and the only other ground by the assessee is in respect of the part disallowance of its claim in respect of expenditure on telephone and motor car, including insurance and deprecation thereon, i.e., toward the personal user of the said assets, at 15% thereof, leading to the impugne....