2022 (3) TMI 1549

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....nmay Bhattacharyya For the Appellant : Mr. Debasish Chaudhuri, Adv. For the Respondent : None. ORDER THE COURT : This appeal filed by the revenue under Section 260A of the Income Tax, 1961 (the 'Act' in brevity) is directed against the order dated 31st March, 2017 passed by the Income Tax Appellate Tribunal, "C" Bench, Kolkata (in short the 'Tribunal') in ITA Nos. 152 and 153/Kol/20....

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....read with Rule 8D of the Income Tax Rules, 1962 is to be in relating to the income which does not form a part of the total income and this can be done only by taking into consideration the investment which has given rise to this income which does not form part of the total income while as per Rule 8D, those investments are also to be taken income from which shall not form part of the total income ....

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....ded against the revenue and in favour of the assessee, we find no ground to take a different view in the matter as the said issue has already been decided in favour of the assessee in the assessee's own case for earlier assessment years. Accordingly, substantial question of law no.2 is rejected. 6. So far as the first substantial question of law is concerned, we note that identical issue has be....