2023 (1) TMI 284

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....ribunal `A' Bench, Kolkata (Tribunal) in ITA 1221/Kol./2006 and ITA 1045/Kol./2006, for the assessment year 2002-03. The appeal being ITA 173 of 2007 was admitted on 7th May, 2008 on the following substantial questions of law :- "Whether on the facts and in the circumstances of the case the learned Tribunal was justified in law in not allowing : (i) the claim of the assessee for full relief under section 80IB of the Act, (ii) amount paid to Bengal Club Ltd. by way of contribution without considering the decision of jurisdictional High Court reported in 267 ITR 121 delivered in similar facts and circumstances, (iii) the expenditure incurred by the assessee for repairing and replacement of old parts of plant and machinery, (iv) ser....

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....has been regularly followed by the appellant and also has been accepted by the revenue and without even considering the decision reported in 261 ITR 275 (SC) and the decision of the Delhi Bench of the Tribunal in the case of DCIT vs. HCL Infosystems Ltd.?" The appeal being ITA 96 of 2007 was admitted on 8th March, 2007 on the following substantial question of law :- "1. Whether on the facts and circumstances of the case, the Ld. Tribunal was justified in law regarding reduction of disallowance under section 14A of the Income-tax Act to Rs.50 lakhs instead of Rs.20,74,80,418/- and for reduction of disallowance under section 14A to 20 lacs instead of Rs.8,08,62,345/- without observing the facts and findings of the Assessing officer and as ....

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....tive of the assessee as well as the department representative, the submissions made by the authorised representative have not been noted or recorded. The learned Tribunal has stated that the authorised representative has given detailed submission on behalf of the assessee which are all contained in detail in the order of the CIT(A) and, therefore, need not be repeated again. It is seen that all the grounds which have been canvassed before the Tribunal have been dealt with in the very same fashion. Further, we note from paragraph 55 of the impugned order that the Tribunal has verbatim extracted the grounds raised by the parties and in paragraph 60 the Tribunal has held as follows: "We have examined the rival submissions. We find no infirmit....