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2014 (4) TMI 734 - AT - Income TaxDisallowance of interest expenses – Proper fact findings not done - Held that:- Neither the assessee nor the Revenue could point out as to what happened in the immediately preceding year in assessee’s own case - the Tribunal is a fact finding body and it is the duty of the parties appearing from both sides to assist the court properly by placing all the facts relevant for disposal of the appeal - When the FAA referred to the earlier orders passed by his predecessor in assessee’s own case and per chance further appeals filed by the assessee were dismissed but on account of laxity on the part of the parties in brining that information to the notice of the Bench - if the matter is set aside, then it would lead to inconsistency which could have been avoided if the parties are vigilant to obtain the information so as to assist the court properly – Relying upon Topaz Holdings Pvt. Ltd. vs. DCIT [2014 (2) TMI 1115 - ITAT MUMBAI] - even in the third round of litigation, if the facts need to be properly examined, the maater could be remitted back – thus, the matter is remitted back to the CIT(A) for fresh adjudication – Decided in favour of Assessee. Admission of additional ground – Assessability of income - Held that:- As decided in Topaz Holdings Pvt. Ltd. vs. DCIT [2014 (2) TMI 1115 - ITAT MUMBAI] - it is not a pure legal issue which goes to the root of the matter as otherwise it could not have been dismissed as academic - the facts were not on record before the tax authorities – thus, the additional ground cannot be admitted – Decided against Assessee.
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