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2015 (6) TMI 1180 - CALCUTTA HIGH COURTAdditions u/s 40A(9) - Tribunal had restored the issue to the file of A.O. in earlier years, therefore, by respectfully following the same we also restore the matter back to the file of A.O. to decide the same afresh - HELD THAT:- Since the Tribunal did not delete any addition, the question does not appear to have been formulated on the basis of the impugned judgment and therefore, need not be decided. Disallowance under the head proportionate management expenses u/s 14A - AO decided initially by the assessing officer on the basis of a thumb rule - HELD THAT:- Thumb rule applied by the assessing officer was rectified by another thumb rule by the Tribunal. If there is no basis to support the thumb rule applied by the AO or if there is any basis to support the thumb rule applied by the AO then the same rule shall apply to the thumb rule applied by the Tribunal. Mr. Chowdhury, learned advocate appearing on behalf of the appellant/revenue, was unable to show as to how the sum of ₹ 40 lack and odd disallowed by the assessing officer is in accordance with law. When the sum of ₹ 40 lacs and odd was on the basis of a pure guesswork and the learned Tribunal has reduced to a sum of ₹ 20 lacs, it cannot be said that the discretion was exercised unreasonably or illogically. Therefore, the second question is answered in the negative.
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