9911796707
TMI Blog2012 (6) TMI 130X X X X Extracts X X X X X X X X Extracts X X X X ..... off by this common order. 2. Grounds of appeals taken by the assessee and the revenue for the relevant years under consideration are reproduced hereunder:- Assessment year 2001-02: 3. Grounds of appeals taken by the assessee are as under:- 1. The CIT(A) has erred in law and on facts and circumstances of the case in upholding the applicability of provisions of section 14A and consequential disallowance u/s 14A. The appellant contends that there is no nexus established by the Assessing Officer or the CIT(A) for making any disall0owance u/s 14A towards expenditure for earning tax free income. Hence no disallowance should be made. 2. Without prejudice to the above, the Ld CIT(A) has erred in directing the Asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance u/s 14A towards expenditure for earning tax free income. Hence no disallowance should be made. 2. Without prejudice to the above, the Ld CIT(A) has erred in directing the Assessing Officer to verify and if satisfied to restrict the disallowance u/s 14A to Rs.50,729.37 Such setting aside powers are not available to the CIT(A). CIT(A) should have himself adjudicated and decided the appeal restricting the disallowance u/s 14A to Rs.50,729.37 as complete details and working was available with the CIT(A). 3. The above grounds are independent and without prejudice to one and another. 4. The appellant prays that he may be allowed to add, alter, amend and forgo any of the grounds at the time of hearing. 5. Groun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hout prejudice to one and another. 4. The appellant prays that he may be allowed to add, alter, amend and forgo any of the grounds at the time of hearing. 6. Grounds of appeals taken by the revenue are as under:- 1 The powers of the Ld CIT(A) to set aside issues decided in scrutiny assessments have been curtailed with effect from 1.6.2001. 2. By not calling got remand report from the Assessing Officer on the issue set aside for verification, the Ld CIT(A) has not decided the appeal in accordance with the Board's circular No.14 dated 12.12.2001 on the issue. 3. The conditions laid down for admitting additional evidence under Rule 46A are not satisfied in this case. Appeal No.163/Del/2011 and I. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ain submission of the assessee has been reproduced by the Assessing Officer in pages 2-3 of the assessment order. The Assessing Officer did not accept the contentions raised by the assessee in view of the issues decided by the Tribunal as stated herein above. The Assessing Officer further relied on the following case laws:- 1. DCIT v. SJ Investment and Inds. Ltd. 89 ITD 44. (Kol.). 2. KB Trading Co. Ltd. v. DCIT in I.,T.A. No.924/Cal/2003 for assessment year 1998-99 ITAT, Calcutta 'A" Bench. 10. The total turnover of the assessee was worked out by the Assessing Officer at Rs.5,25,57,639/- and dividend income disclosed by the assessee was Rs.25,27,629/-. The sum total of operating administrative and other expenses and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r worked out the proportionate expenditure out of expenses debited to PandL A/c which was directly and indirectly relatable to earning of dividend whereas the assessee has taken the proportionate relatable expenses only on 25% of personnel expenses incurred by the assessee. It was opined by him that the assessee has given justification for working out the disallowance. The Ld CIT(A), therefore, directed the Assessing Officer to verify the working of the assessee. The Assessing Officer was further directed to restrict the disallowance to the said amount if he was satisfied. Aggrieved, both the assessee as well as the revenue has filed the appeal before the Tribunal. 14. Before us the Ld AR for the assessee has relied on the submissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent year: 2006-07: 17. The first issue disputed by the assessee as well as by the revenue relates to disallowance u/s 14A of the Act. The facts and circumstances of the case are similar to those of assessment year 2001-02. We set aside the order of the Ld CIT(A) with reference to this issue and remit the matter back to his file for passing fresh speaking order keeping in view the direction given by us for assessment year 2001-02. 18. The assessee has taken a further ground with reference to disallowance of Rs.98,950/- which was claimed by it as revenue expenditure. It was contended by the Ld AR for the assessee that as such this amount was incurred towards annual subscription's and not towards outright purchase of software. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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