2017 (8) TMI 187

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.... ORDER P. C. 1. The present Appeal pertains to the assessment year 2008-2009. 2. The present Appeal is filed on the following questions of law. (a) Whether on the facts and circumstances of the case the Tribunal has erred in holding that 10% of the tax free dividend income disallowed by the Appellant is not in accordance with the provisions of section 14A of the Act? (b) Whether on the fact....

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....of Income Tax and another reported in [2017] 394 ITR 449 (SC). 4. The learned Senior Advocate further submits that as far as question (a) is concerned, the assessee on his own had disallowed 10% of the tax free dividend. However, the Assessing Officer had not arrived at the satisfaction and without recording the satisfaction could not have passed the order. The Tribunal has also not considered th....

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....e the Tribunal, so also before the Commissioner, it no way transpires that the appellant herein had raised any specific ground that the Assessing Officer had not arrived at the satisfaction about disallowance made by the appellant-company under Section 14A of the Act is improper, the same is being sought to be raised for the first time in the present appeal, the same would not be permissible. The ....