TaxTMI 
TaxTMI 
2015 (9) TMI 1704
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....ppeal for the above mentioned all the four years. ITA No. 8481/Mum/2010, Assessment Year-2007-08 1. The learned Commissioner of Income-tax (Appeals) has erred in law and in facts in passing the order u/ s. 250 of the Act and confirming the order of the Assessing Officer. 2. The learned Commissioner of Income-tax (Appeals) ought to have appreciated that the notices issued by the Assessing Officer are invalid and hence the assessment order u/s. 143(3) of the Act was also ab initio void. 3. The learned Commissioner of Income-Tax (Appeals) has erred in law and in facts in passing the order without complying with the principles of natural justice. 4. The learned Commissioner of Income-tax (Appeals) has erred in law and in facts in....
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....ut appreciating that the said Act has not ruled that the provisions of Sections 234A, 2348 & 234C are not applicable to the notified persons or they are exempt from the liability of payment of interest under these sections of Income Tax Act, 1961. 3) The Appellant craves to leave to add, to amend and / or to alter any of the grounds of appeal, if need be. 4) The Appellant, therefore, prays that on the grounds stated above, the order of the CIT(A)-40, Mumbai may be set aside and that of the Assessing Officer restored." As the issue raised by the assessee in the grounds are almost identical for all the years, so, for the sake of convenience we are disposing the appeals by a single order. ITA No. 8481/Mum/2010, AY. 2007-08 2. Du....
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..../Mum/2012 & ITA Nos. 2151/Mum/2013 in the case of Growmore Leasing & Inv. Ltd. and reference was made to the following observations: " 3. Ground No. 4 relates to the disallowance of interest expense. The Ld. Counsel for the assessee brought to our notice that the decision relied upon by the Ld. CIT(A) while disposing this ground has been set aside by the Tribunal to the file of the Ld. CIT(A). 4. The Ld. Departmental Representative could not bring any distinguishing decision in favour of the Revenue. 5. We have carefully perused the orders of the authorities below. While disposing the ground relating to the disallowance of interest, we find that the Ld. CIT(A) has followed the findings given in the case of Eminent Holdings Pvt. Ltd. We f....
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.... considered to be allowed for statistical purposes in the manner aforesaid." Following the above, we pass similar order. Ground No. 4 is allowed for statistical purposes for both the years." Following the above, we allow Ground No. 5 for statistical purposes for the year under appeal. Ground No. 6 consequential in nature, hence is not being adjudicated. ITA Nos. 846, 1032, 2147/Mum/2010, AY.s. 2008-09 to 2010-11 4. The assessee has raised six grounds of appeals for the above mentioned three AY.s. During the course of hearing before us, the AR did not press grounds No. 1-3 for all the AY.s., so, same are dismissed as not pressed. 5. Ground No. 4 for all the years deals with disallowance of interest expenditure and the amounts inv....
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....l Courts Act, that the Tribunal in the case of the appellant and several other entities had held the view in favour of the appellant, that the Hon'ble Bombay High Court in the case of Divine Holdings Pvt. Ltd. and Cascade Holdings Pvt. Ltd. had held that the provisions of sections 234A, 234B and 234C of the Act were mandatory and were applicable to the notified entities also, that the assessee was in the process of filing an appeal against the said order before the Hon'ble Supreme Court, that the income earned in the year under consideration was subjected to provisions of TDS, that the changeability of the section 234A, 234B and 234C of the Act should be after considering the amount of tax deductible at source on the income assessed. The ap....