2023 (6) TMI 742

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....VOCATE ORDER All these appeals bearing ITA No.196/2022, ITA No.201/2022, ITA No.202/2023, ITA No.203/2022 & ITA No.204/2022 filed u/S 260A of Income Tax Act, 1961 (for brevity "Act") assailing common final order dated 29.04.2022 (Annexure P/24) passed by Income Tax Appellate Tribunal, Jabalpur Bench, Jabalpur (for brevity "Tribunal") in respective cases proposing common substantial question of law, are being decided by this common order. 2. Facts are picked up from ITA No.196/2022 for disposal of all these five three ITAs. 3. The proposed substantial questions of law framed by the Tribunal are as follows:- "1. Whether in the facts and circumstances of the case, the Tribunal is right in law that the 'assumption of jurisd....

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....f the entities for the benefit of this section is retrospective only from 01.05.2017 and not from 01.04.2007. 7. Whether on the facts and in the circumstances of the case, the Tribunal is right in law to hold that the appellant could not support it's claim of deduction of over due interest, first by claiming it as non-recognized income covered by the RBI Guidelines and then alternatively under section 36(1) (viia) of the Income Tax Act 1961 as these are contradictory? 8. Whether the Tribunal is right in law to not decide the issue as to whether the overdue interest is allowable under the guidelines of the RBI which have the overriding effect on all other law including the Income Tax Act, 1961?" 4. Learned counsel for ri....