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2012 (7) TMI 176 - AT - Income TaxDeduction u/s. 80-O - principles of consistency - order of the ld. CIT(A) for the assessment year 1997-98, directed that the proportionate amount of Indian salaries from income of the three Chartered Accountants received during the period of absence from India should be treated as direct expenditure against the income from the foreign currency received – assessee contesting contrary decision given in relevant year – Held that:- finding of the ld. CIT(A) for the assessment year 1997-98 has been accepted and the finding therein is a point of fact and a fundamental one at that, such a finding would have to be held to be applicable for the assessment year 1993-94 also - Principles of natural justice demand that a factual finding given by the ld. CIT(A) is liable to be followed for the assessment year 1993-94 also - Following the decision in the case of Radhasoami Satsang (supra) and applying the principles of consistency as explained therein, this issue is restored to the file of the AO with a categorical direction that when computing the deduction under section 80-O, the AO shall follow the same method as prescribed by the ld. CIT(A) for the assessment year 1997-98 in the assessee’s own case referred to supra - order of the ld. CIT(A) stands set aside and the issue is restored to the file of the AO - Ground of the assessee is allowed - Assessee is partly allowed.
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