2016 (7) TMI 753

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....Mr.Sachin Bhardwaj, Advocate, for the appellant Mr.Rajesh Katoch, Advocate, for the respondent ORDER S. J. Vazifdar, A.C.J. (Oral) This is an appeal against the order of the Tribunal, dismissing the appellant/assessee's appeal against the order of the CIT (Appeals) which in turn dismissed the appellant's appeal against the assessment order to the extent that the same refused a ....

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....961? (iii) Whether under the facts and circumstances of the case, the claim for allowance of the 'direct expenses' attributable to earning of the 'income from other sources' can be declined on the true and correct interpretation of the provisions of section 57(iii) of the Income Tax Act, 1961?" 3. It is sufficient to consider this appeal only with respect to the first q....

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....posed of by an order dated 12.08.2010. The Assessing Officer upheld the appellant's contention. The Assessing Officer observed that the disallowance to the extent of Rs. 22,77,739/- was not called for. The balance taxable income was assessed at Rs. 22,96,464/-. 6. The CIT (Appeals) dismissed the appellant's appeal against assessment order dated 18.12.2009 on 30.09.2011. The Tribunal dis....

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.... the hearing itself the same may not have been brought to the attention of the CIT (Appeals) or the Tribunal. Suffice it to state that these are orders and documents which ought to have been taken into consideration by the CIT (Appeals) as well as by the Tribunal. Be that as it may. The orders, the documents and the effect thereto ought to have been taken into consideration. 9. For instance, it....