2016 (10) TMI 1412

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..... Nitesh Joshi a/w Mr. Atul Jasani for the respondent ORDER P.C. 1. This Appeal under Section 260­A of the Income Tax Act, 1961 (the Act) challenges the order dated 6th September, 2013 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order is in respect of Assessment Year 2008­09. 2. The Revenue urges only the following question of law for our considerat....

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....as made by the Assessing Officer in terms of Section 40(a) (ia) of the Act. 4. On appeal, the Commissioner of Income Tax (Appeals) [CIT(A)] partly allowed the respondent assessee's appeal, restricting the disallowance to Rs.3.40 crores under Section 40(a)(ia) of the Act. This after holding that the amount of Rs.1.19 cores has already been disallowed by the Assessing Officer as prior period ....

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....e bench in Stratcap Securities (I) Pvt. Ltd. Vs. ACIT, ITR 7048/Mum/2008. 6. The grievance of the Revenue before us is that the amount paid to the holding company is not reimbursement of expenses. However, the submission is bald. It is not supported by any evidence. 7. We find that the impugned order of the Tribunal records the fact that the Assessing Officer as well as the CIT(A) have not d....