2026 (7) TMI 1097

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....e for Assessment Year 2012-13 and Assessment Year 2014-15 against the order passed by the Income Tax Appellate Tribunal, Ahmedabad, (for short, "the Tribunal") in ITA No. 3041/Ahd/2018 and ITA No. 2422/Ahd/2017 respectively. 3. The revenue has proposed the following substantial questions of law for the A.Y. 2012-13 in Tax Appeal No.732 of 2019:- [A] "Whether on the facts and in circumstance of the case and in law, the Appellate Tribunal was justified in allowing benefit of section 11 & 12 of the Act thereby granted travelling expenses without appreciating that once the provision of section 13(1)(c)(ii) of the Act is applicable the benefit u/s. 11 and 12 of the Act was not allowable to the assessee?" [B] "Whether on the ....

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.... [C] "Whether on the facts and in circumstance of the case and in law, the Appellate Tribunal was justified in allowing the development fund of Rs. 33,46,000/- without appreciating that once the provision of section 13(1)(c)(ii) of the Act is applicable, the benefit u/s. 11 and 12 of the Act was not allowable to the assessee?" [D] "Whether on the facts and in circumstance of the case and in law, the Appellate Tribunal was justified in allowing the capital expenditure of Rs.6,62,45,376/- without appreciating that once the provision of section 13(1)(c)(ii) of the Act is applicable the benefit u/s. 11 and 12 of the Act was not allowable to the assessee?" 5. As the facts are identical, both the appeals are taken up for hearing together....

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....he Tribunal in ITA No. 92/Ahd/2014 for assessment year 2010-11 was also dismissed by order dated 10.04.2018 passed by this Court observing as under:- "4. It can be seen that the entire issue is in the realm of appreciation of materials on record. CIT (Appeals) and the Tribunal concurrently came to the conclusion that the rent was not excessive. The application under section 13(1)(c) of the Income Tax Act therefore would be ruled out. Remaining disallowances being consequential to the main one, no further discussion is necessary when we do not find any reason to interfere in connection with the main issue." 8. In view of the above facts, when CIT (Appeals) has arrived at finding of fact that the Assessing Officer has not been abl....