2016 (11) TMI 1771

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....2/Ahd/2008 and 2170/Ahd/2011 are the appeals by the assessee directed against the orders of CIT(A)-II, Ahmedabad dated 27.03.2008 and CIT(A)-XI, Ahmedabad dated 15.07.2011 for AYs 2005-06 and 2003-04 respectively. This bunch of appeals was heard together since common issues are involved and are disposed of by this consolidated order for the sake of convenience. ITA No. 2170/Ahd/2011 : AY 2003-04 : Assessee's appeal 2. The solitary ground raised in assessee's appeal for AY 2003-04 reads as under:- "In law and in facts and circumstances of the Appellant company's case, the learned CIT(A) has grossly erred in holding that appeal does not lie on the issue of assessing income of Rs. 2,58,44,224 on investment of OFCPNs of Nirma Ind....

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.... ld. Counsel for the assessee that this issue is squarely covered in favour of the assessee by Tribunal's decision in assessee's own case for AY 2002-03 in ITA No. 1244/Ahd/2006. This ground of the assessee's appeal is accordingly allowed. ITA No. 2282/Ahd/2008 : AY 2005-06 : Assessee's appeal 3. First ground raised by the assessee in its appeal is general in nature. 3.1 Second ground is with regard to confirming the disallowance of Rs. 8,61,050/- u/s 14A of the Act out of interest expenses. 3.2 Third ground is with regard to confirming disallowance of Rs. 5,23,116/- u/s 14A of the Act out of administrative expenses and payment to employees. 3.3 Forth ground is with regard to confirming disallowance of Rs. 29,06,755/- out of ....

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.... of assessee's appeal is thus allowed for statistical purposes." Respectfully following the decision of Tribunal in assessee's own case for AY 2004-05, these issues are set aside to the file of the AO with the similar direction. Thus, Ground Nos. 2 to 4 are allowed for statistical purposes. 3.5. Ground No. 5 regarding interest u/s 234B, 234D and 244A of the Act is mandatory though consequential. 3.6. Ground No. 6 is not pressed as the suitable relief has been given by the AO by a rectification order u/s 154 dated 09.07.2008. This ground is accordingly dismissed as not pressed. ITA No. 2169/Ahd/2008 : AY 2005-06 : Revenue's appeal ITA No. 2372/Ahd/2011 : AY 2003-04 : Revenue's appeal 4. In these appeals, the grounds are to ....