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2014 (11) TMI 554
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.... Per: Rajive Bhalla: CM-2752-CII-2014 1. Allowed as prayed for. ITA-77-2014 2. The revenue is before us challenging order dated 14.06.2013, passed by the Income Tax Appellate Tribunal, Delhi Bench 'D' New Delhi, (hereinafter referred to as the 'ITAT'), dismissing an appeal filed by the revenue to challenge order dated 29.03.2011, passed by the Commissioner of Income ....
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....,941/- which was made by the Assessing Officer by invoking section 14A of the Income Tax Act, 1961 particularly when the investment in shares of M/s Lakhani India Ltd. which yield dividend income are not forming part of the total income by virtue of section 10(33) of the Income Tax Act and hence since dividend did not form the part of total income and when the financial burden incurred by the asse....
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.... under Section 14(A) of the Act. 5. We have heard counsel for the appellant-revenue and perused orders passed by the ITAT and the CIT(A). 6. The assessing officer, passed an order against the respondent/assessee alleging failure to deduct and deposit TDS. The assessee filed an appeal and during appellate proceedings, filed an application for additional evidence appending therewith evidence t....
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....lear finding of fact that the assessee had in fact deducted TDS from the payments of commission and service charges to Shri J.C.Arora by treating the same as salary and that the amount has been remitted to the government. On this factual findings, which are not controverted by the Ld. D.R., we have no other alternative but to up hold the order of the First Appellate Authority and dismiss ground no....