2016 (1) TMI 1399

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....w and facts in passing the order u/s 250 of the Act in gross violation of principles of natural justice. 2. On the facts and in the circumstances of the case, the Ld CIT (A) has erred in facts and in law in upholding the action of the AO in disallowing reimbursement of salary and related expenses to the tune of Rs. 4,33,33,687/- u/s 40(a)(ia) of the Act. 3. On the facts and in the circumstances of the case, the Ld CIT (A) has erred n facts and in law in upholding the action of the AO in disallowing expenses on account of shuttering material of Rs. 54,76,488/- as Revenue Expenditure. 4. On the facts and in the circumstances of the case, the Ld CIT (A) has erred in facts and in law in rejecting the claim of the asse....

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....hority. After considering the submissions of the assessee, CIT (A) following his own order on identical ground for the AY 2009-2010, dismissed the assessee‟s appeal. Again aggrieved with the said order of the CIT (A), assessee is in further appeal before the Tribunal by raising the instant Ground no.2. 4. Before us, Ld Counsel for the assessee narrated the above mentioned facts and submitted that an identical issue was came up for adjudication before the Tribunal in assessee‟s own case for the AY 2009-2010 and the Tribunal decided the issue in favour of the assessee by following the ITAT‟s order for the AY 2009-10. Para 7 of the said Tribunal‟s order dated 4.11.2015 is relevant in this regard. After hearing both t....

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....e the disallowance of expenses of Rs. 54,76,488/- on account of shuttering material and depreciation thereon. In this regard, Ld Counsel for the assessee brought our attention to the said order of the Tribunal (supra) in assessee‟s own case for the AY 2009-2010, dated 4.11.2015 and mentioned that vide para 7, the Tribunal adjudicated the similar issue and remanded the matter to the AO‟s file. After hearing both the parties and on perusal of the contents of the said para 7 of the Tribunal‟s order (supra), we find the same is relevant and for the sake of completeness of this order, relevant lines from the said para 7 are extracted as under:- "7......... Ground no.3 and 4 are identical to the ground no.6 of the appea....