2018 (2) TMI 430

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....ance was in the original assessment order dated 30.12.2013. And appellant should have included appeal on this point against the original assessment order dated 30.12.2013 in the appeal should have. 2. The learned CIT (A) erred in not condoning the delay in filing appeal on this point. 3. The learned CIT (A) erred in not deleting the disallowance of Rs. 72.72,6987- made by the Assessing Officer u/s 14-A of the Income Tax Act. 4. The learned CIT (A) failed to take into account the following facts. a) Investment in shares and in capital contribution in the partnership firm was less than funds available in share capital and reserve and surplus. b) During the relevant year appellant had not received any exempted income either as divide....

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.... purchases of goods made from 12 parties. 3. The Learned Assessing Officer failed to appreciate (i) that the payment for the said purchases had been made by A/c, Payee Cheques; (ii) that the goods were received for the running of the Appellant's Hotels and (Hi) that as he held in ITO vs. Kanchwala Gems 33 SOT 27 (JP) once the transaction is over, the Appellant ceases to have control over seller to produced him before the Assessing Officer. 4. At para 5.2 of the order the Assessing Officer states that the 12 parties' statements had been recorded by Sales Tax Authorities which prove that the parties are genuine and their identity stands proved and therefore they should be deemed to have accepted the cheque payments made by the App....

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....the subject matter of the present appeal and therefore this issue of disallowance does not emanate from the assessment order under dispute . In fact while filing this appeal as on 10/03/2016, the assessee did not even raise any grounds relating to disallowance u/s 14A and therefore the assessee could not have raised this issue by filing a revised ground of appeal in this regard, during the course of the appellate proceedings. 14. It is however gathered the addition u/s 14A was made by the AO, while completing the original assessment vide order dated 30/12/2013 . However no appeal was filed by the appellant against the said assessment order and therefore in a way the addition made u/s 14A had already reached finality before the reassessmen....