TMI Blog2014 (1) TMI 1273X X X X Extracts X X X X X X X X Extracts X X X X ..... rder without discussing anything new about the matter on which the Tribunal gave direction - The present assessment order was passed by the A.O. on 18.12.2006 after filing of the above referred documents by the assessee - the Assessing Officer did not make a whisper in the assessment order of such details having been filed by the assessee - This fact has been elaborately considered by the learned CIT(A) – the CIT(A) has recorded that these expenses were incurred during the course of business - order of the CIT(A) upheld – Decided against Revenue. - ITA No.5028/Mum/2009, ITA No.5554/Mum/2009, ITA No.5287/Mum/2009, ITA No.5366/Mum/2009, ITA No.5555/Mum/2009 - - - Dated:- 24-7-2013 - Shri R. S. Syal, AM And Dr. S. T. M. Pavalan, JM,JJ. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icer to examine the nature of interest/discount incurred and its nexus with the carrying on of the business. From the assessment order it is apparent that after recording the dates on which notices were issued, the A.O. reproduced the original order passed by him u/s 143(3) and thereafter reproduced its confirmation by the learned CIT(A) in the first round. It is on page no.8 that the Assessing Officer has given his finding as under:- "As the assessee has not produced any additional evidence now to show that Financing Charges paid are attributable to the Business expenditure and in view of the detailed reasoning given by the A.O. in his original assessment order and subsequently upheld by the CIT(A). I have no reason to deviate from the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a copy of assessment order passed by the A.O. for the preceding year in which similar deduction was allowed. The present assessment order was passed by the A.O. on 18.12.2006 after filing of the above referred documents by the assessee. It is surprising that the Assessing Officer did not make a whisper in the assessment order of such details having been filed by the assessee. What to talk of adversely commenting, the A.O. even did not bother to incorporate or discuss such facts in the assessment order. This fact has been elaborately considered by the learned CIT(A), the discussion on which has been made in paras 1.10 to 1.14 of the impugned order. On the appreciation of the entire material / evidence placed by the assessee before the A.O. i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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