2015 (7) TMI 1139

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....ssessee has called into question correctness of learned CIT(A)'s order dated 17th February, 2011, in the matter of assessment under section 143(3) r.w.s. 254 of the Income-tax Act, 1961 for the assessment year 2002-03, on the following grounds :- 1. The ld. CIT(A) has grossly erred in law and on facts in dismissing the appeal. He ought to have allowed the appeal fully in accordance with the grou....

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....rounds stated hereinabove either before or at the time of hearing. 2. Briefly stated, relevant material facts of the case are like this. During the course of original assessment proceedings, the Assessing Officer disallowed Rs. 9,69,642/- u/s 14A when the matter travelled in appeal before a co-ordinate bench of this Tribunal, the matter was remitted to the file of the Assessing Officer with a dir....

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....ear. That precisely is the undisputed situation before us. In the present year, the assessee does not have any income from the related investments. In this view of the matter, the disallowance under section 14A must be held to be unsustainable in law. As for the question whether this plea can be taken up in the second round of proceedings, we find that it is a purely legal and fundamental issue wh....