Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (1) TMI 1518 - ITAT PUNEDeduction u/s. 36(1)(viia) - repetitive appeals - Held that:- In view of the fact that similar issue has been decided earlier against the assessee by the Tribunal, respectfully following the precedent, we uphold the impugned orders in restricting the claim of deduction u/s.36(1)(viia) to the extent of provision in the books of account. Chapter XIV-A of the Income-tax Act deals with the provision for avoiding repetitive appeals. It has only one section 158A which contains a procedure when assessee claims that identical question of law is pending before High Court or Supreme Court. In the instant case the assessee wants to keep the matter alive till the decision of the Hon'ble High Court on the said issue. We, therefore, admit, in terms of sec. 158A(3), that the question of law arising in the instant appeal, is identical with the question of law stated to be pending before the Hon'ble High Court. Resultantly the appeals of the assessee are dismissed as per sec. 158A(4). It is, however, made clear that when this issue is decided by the Hon'ble High Court, amendment, if necessary, shall be made as per the mandate of sec. 158A(5). - Decided against assessee.
|