Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2021 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (8) TMI 372 - ITAT MUMBAIRectification u/s 254 - Addition of disallowance made u/s. 14A to book profits u/s. 115JB - HELD THAT:- Tribunal has not adjudicated ground No. 2 of Revenue’s appeal. Learned counsel of the assessee pleaded that this issue is covered in favour of the assessee by decision of RELIANCE UTILITIES & POWER LTD. [2009 (1) TMI 4 - BOMBAY HIGH COURT] and HDFC BANK LTD. [2014 (8) TMI 119 - BOMBAY HIGH COURT] that disallowance under section 14A of the Act cannot be imported in section 115JB. We find that in the Miscellaneous Application it is not permissible to decide upon the merits of an issue which has not been adjudicated. Hence, we recall the ground No. 2 in Revenue’s appeal to be decided afresh.
|