TaxTMI 
TaxTMI 
2017 (2) TMI 215
X X X X Extracts X X X X
X X X X Extracts X X X X
.... "1(a).On the facts and in law, the learned Commissioner of Income-tax (Appeals) [hereinafter referred to as "Ld. CIT(A)] had erred in not directing the Learned Assessing Officer (LAO) to reduce the amount of service tax of Rs. 1,10,657/- while computing rent received from M/s. Sports and Leisure Apparel Ltd. in respect of property located at Mylapore Chennai declared under the head "Income from House Property". Under the facts and circumstances of the matter, the Ld. CIT(A) ought to have directed the LAO to reduce the amount of service tax of Rs. 1,10,657/- while computing rent received from M/s. Sports and Leisure Apparel Ltd. 1(b) On the facts and in law, the Ld. CIT(A) had erred in confirming the addition of Rs. 1,10,657/- without as....
X X X X Extracts X X X X
X X X X Extracts X X X X
....disallowance of Rs. 3,13,372/- u/s.12A made by the LAO while computing the Book Profit u/s.115JB. Under the facts and circumstances of the matter, he ought to have deleted the said disallowance of Rs. 3,13,372/-. 6. On facts and in law, the Ld. CIT(A) had erred in confirming the disallowance of Rs. 18,674/- being Securities Transaction Tax made by the LAO while computing the Book Profit u/s.115JB. Under the facts and circumstances of the matter, he ought to have deleted the said disallowance of Rs. 18,674/- 7. The appellant craves leave to add, alter, vary omit, substitute or amend the above grounds of appeal, at any time before or at the time of hearing of the appeal, so as to enable the Hon. ITAT to decide this appeal according to l....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ax paid which lies at page 7,9,13 and 14 of the paper book. The statement of service tax and the challans of service tax paid nowhere discussed by the Assessing Officer as well as CIT(A) specifically in the circumstances when the assessee has undertook before us that the said documents were placed before the CIT(A). Any how the said statement of service tax and challans of service tax paid requires verification on the part of the Assessing Officer, hence we set aside the finding of the CIT(A) on this issue and restore the file to the Assessing Officer to verify the claim of the assessee in view of the above said documents by giving an opportunity of being heard to the assessee in accordance with law. Accordingly, this issue is decided in fa....
X X X X Extracts X X X X
X X X X Extracts X X X X
....opportunity of being heard to the assessee. Accordingly, this issue is decided in favour of the assessee against the revenue. ISSUE NO.3 TO 5:- 6. Issue no. 3to 5 relates to the disallowance u/s.14A of the Act. The assessee received dividend income of Rs. 7,74,483/- and claimed to the same as exempt. The assessee disallowed the sum of Rs. 60,000/- u/s.14A of the Act in the return of income. However, the Assessing Officer computed disallowance as per Rule 8D(2)(iii) of the Income Tax Rules at Rs. 3,13,372/-. In the appellate proceedings the learned CIT(A) confirmed the disallowance in principle but directed the Assessing Officer to re-compute the disallowance by reducing the expenditure by Rs. 65,954/-, being the relief granted by him ....