2014 (11) TMI 555

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....ani JUDGEMENT 1. This Appeal by the Revenue challenging the concurrent orders run by the Commissioner of Income Tax (Appeals) dated 25th June, 2010 and another of the Income Tax Appellate Tribunal, Mumbai Bench dated 18th April, 2012. The Assessment Year is 2003-2004. 2. The question of law as termed as substantial at page 3 reads as under:          &nb....

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....der of assessment dated 30th November 2005 was subjected to proceedings under section 263 of the Income Tax Act, 1961 and the Commissioner passed an order under that provision on 18th November, 2008 directing the Assessing Officer to reframe the assessment, in pursuance thereof the Assessing Officer on 3rd November, 2008 completed the said Assessment by disallowing a deduction under section 80M am....

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....aforementioned judgment. The Commissioner found himself to be bound by this Judgment and equally the Tribunal. The Commissioner has held that the Assessee received dividend from domestic companies and he had paid dividend of Rs. 56,51,560/- on 13th August, 2003 namely before the due date of filing of return of income i.e. 31st October, 2003. Hence, he satisfied the twin conditions stipulated by se....