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2013 (5) TMI 744 - ITAT AHMEDABADAddition on account of unrealized sales - Held that:- Facts of the case of the year under appeal are identical to that in AY 2005-06 wherein AO has passed a very cryptic orders without giving any finding on the accounting treatment followed by assessee. He has also not examined the assessee's contention that the amount was in the nature of retention money. Thus following the earlier decision of Co- ordinate Bench the issue be directed to the file of CIT(A) to pass a speaking order - assessee's appeal allowed for statistical purposes. Disallowance of interest and administrative expenses made u/s. 14A - Held that:- To work out the disallowance by following Rule 8D Godrej Boyce (2010 (8) TMI 77 - BOMBAY HIGH COURT] is to be relyed wherein held that Rule 8D cannot be applied retrospectively i.e., prior to assessment year 2008-09 -remit the issue back to the file of Assessing Officer to work out the disallowance u/s. 14A of the Act in line with the direction of the judgment above - assessee's appeal allowed for statistical purposes.
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