2015 (11) TMI 1211

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....er Honble Sri Justice Challa Kodanda Ram ) 1. This appeal filed by the Revenue under Section 260-A of the Income Tax Act, 1961 (for brevity the Act) arises out of the Order dated 12.03.2014 in I.T.A.No. 1079/H/2013 passed by the Income-Tax Appellate Tribunal (for brevity the Tribunal), Hyderabad Bench A, Hyderabad relating to the assessment year 2007-2008. The following substantial questions of....

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....nt and perused the material placed on record. As we are not inclined to admit this case on account of the finding of facts given by the Tribunal, the matter is being disposed of at the admission stage. 3. The Tribunal, as a matter of fact, found that a sum of Rs. 1,52,09,336/- was not received by the assessee from the Department and that payment was made over directly to one M/s.Kranti Construc....

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....o discuss the retrospective effect given to Section 40(a)(ia) by Finance Act, 2012 with effect from 01.04.2013 while relying on the order of Tribunal, Cochin Bench in the case of Antony D. Mundackal v. A.C.I.T. in I.T.A.No. 38/Cochin/2013, dated 29.11.2013 for the assessment year 2009-2010. Inasmuch as there was no necessity for the Tribunal to enter into this arena since the order of the Tribunal....