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2009 (8) TMI 783

..... enditure on the touchstone of section 14A of the Act - He did not record any adverse findings against the assessee - In his submission, had there been an adverse finding on this issue, the assessee would have challenged the same raising specific ground in that behalf - Appellant submits that in the absence of any adverse finding by the Assessing Officer, it has got to be presumed that the submissi .....

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..... sider the applicability of the provision of section 14A of the Act go beyond its jurisdiction ? 2. Mr. Sahadevan, advocate appearing for the Revenue waives service. 3. Both the parties agreed that the appeal be disposed of finally at the stage of admission. That is how this appeal is heard finally. Submissions 4. Mr. Mistri, learned counsel for appearing for the appellant submits that the Assessin .....

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..... eing aggrieved by this part of the order, an appeal was carried to the Commissioner of Income-tax (Appeals) wherein the Commissioner of Income-tax (Appeals) confirmed the order of the Assessing Officer. 6. Being not satisfied by the order of the Commissioner of Income-tax (Appeals), the appeal was further carried to the Tribunal. The Tribunal accepted the contentions canvassed by the appellant. Ho .....

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..... y on that count. The same was replied. After reply from the assessee, he was apparently satisfied. He did not record any adverse findings against the assessee. In his submission, had there been an adverse finding on this issue, the assessee would have challenged the same raising specific ground in that behalf. Mr. Mistri submits that in the absence of any adverse finding by the Assessing Officer, .....

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..... rt the order of the Tribunal but could not take his submissions to the logical end. He practically conceded that the finding of the Tribunal to the extent it directs consideration of applicability of section 14A of the Act and the ratio of Daga Capital Management P. Ltd. could not have been recorded by the Tribunal and expressed no objection for deletion or to set aside the order of the Assess-ing .....

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