2016 (11) TMI 1696

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....PARKAR, SR.ADVOCATE with MR BS SOPARKAR for the Respondent. ORAL ORDER (PER : HONOURABLE MR.JUSTICE M.R. SHAH) 1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Income Tax Appellate Tribunal "B" Bench, Ahmedabad passed in I.T.No.2279/Ahd/2012 for Assessment Year 2009 - 2010 by which the learned Tribunal allowed the said appeal preferred by th....

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....d with Rule 18D of the IT Rules?" 2. Mr. Sudhir Mehta, learned advocate appearing for the appellant - department at the outset seeks permission to withdraw the present appeal qua the proposed substantial question of law No."A" i.e. challenging the impugned judgment and order passed by the learned ITAT deleting the addition of Rs. 1,65,37,529/made by the Assessing Officer on account of disallowa....

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....er Section 14A of the Income Tax Act read with Rule 8D of the Income Tax Rules, 1962. While deleting the addition of the aforesaid made by the Assessing Officer, the learned Tribunal has heavily relied upon the decision of the Division Bench of this Court in the case of Principal Commissioner of Income Tax Vs. India Gelatine and Chemicals Limited, [2015] 376 ITR 553 (Guj.) ], and applying the said....