2018 (1) TMI 1591

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....assed by the CIT(A) on the following grounds of appeal: "1. Whether on the facts and in the circumstances of the case and in law, the CIT(A) was justified in directing the A.O to delete the disallowance u/s 14A of Rs. 68,07,509/- made, relying on the decision of Bombay High Court in the case of All Cargo Logistics Ltd.(374 ITR 645) without appreciating the fact that the decision of the High Court has not been accepted by the department and SLP has been filed and the same is pending. The appellant prays that the order of the CIT(A) on the above grounds be set aside and that of the Assessing Officer be restored. The appellant craves leave to amend or alter any ground and/or add new grounds which may be necessary." ....

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....ion, viz. A.Y 2008-09 had been completed in her case prior to the date on which the search and seizure proceedings were initiated, therefore, keeping in view the fact that no incriminating material relating to disallowance under Sec. 14A was found during the course of the search & seizure proceedings, therefore, no addition in respect of such unabated assessment could be made. The assessee in support of her aforesaid contention relied on the order of the ITAT, Special Bench in the case of All Cargo Global Logistics Ltd. Vs. DCIT (2012) 137 ITD 287 (SB) (Mum) and the CBDT Circular No. 7 of 2003, dated 05.09.2003. However, the A.O being of the view that as the decision of the special bench of ITAT, Mumbai had not been accepted by the departme....

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....et of the hearing of the appeal submitted that as the revenue had not accepted the order of the Hon'ble High Court of Bombay in the case of CIT Vs. All Cargo Global Logistics Ltd. (2015) 374 ITR 645 (Bom), and had filed a Special Leave Petition (for short 'SLP') against the same, which is pending as on date, therefore, the CIT(A) had erred by loosing site of the said material fact while deleting the disallowance made by the A.O under Sec. 14A of the Act. The ld. Authorized Representative (for short 'A.R') relied on the order of the CIT(A) and submitted that as the issue was squarely covered by the judgment of the Hon'ble High Court of Bombay in the case of All Cargo Global Logistics Ltd.(supra), therefore, no infirmity did emerge from the o....