TMI Blog2015 (1) TMI 572X X X X Extracts X X X X X X X X Extracts X X X X ..... essment proceedings or during remand proceedings or during appellate proceedings the amount of claim got verified by any authority and, therefore, this issue also needed to go back to the AO who, on the basis of documents to be submitted by the assessee needed to arrive at the amount of claim and, further, needed to verify as to how the two claims made by the assesse were different – Decided in favour of assessee. - ITA No.3166/Del/2011, ITA No.2483/Del/2011 - - - Dated:- 28-5-2014 - SHRI A.D. JAIN AND SHRI T.S. KAPOOR, JJ. For The Appellant : Shri Ved Jain, Smt. Rano Jain and Shri V. Mohan, CAs For The Respondent : Shri R.S. Meena, CIT, DR ORDER PER BENCH: These are cross appeals filed by the revenue and the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been done either by the AO or by the ld. CIT (A). The AO has disallowed the claim of the assessee for carry forward and set off of losses visiting the website of the company. Therefore, this ground can be allowed only after recording a finding of fact from the examination of relevant records as to the percentage of shares held by M/s Yamaha Motor Co., Japan in the year of occurrence of loss and in the year of setting off of loss. 5. So far as regards the assessee s Ground Nos. 1 (i) to (iii) which relates to disallowance of amount of ₹ 10 crores out of expenses incurred by the assessee under Voluntary Retirement Scheme, the Judicial Member has deleted this disallowance vide findings at pages 33 to 38 of his order, whereas the Accou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... round No.5 in the Department s Appeal in ITA No.3166/Del/2011) requires to be remitted to the Assessing Officer to examine the record maintained under the Companies Act and record a finding as to the percentage of shares held by M/s Yamaha Motor Co., Japan in the year of occurrence of loss and in the year of setting off of loss. 2. Whether the issue [Ground Nos. 1 (i) to 1 (iii) of the Assessee s Appeal in ITA No.2483/Del/2011] regarding disallowance of ₹ 10 crore out of expenses incurred by the assessee under Voluntary Retirement Scheme requires to be sent back to the file of the Assessing Officer to allow the claim of the assessee on verifying 1/5 of the VRS amounts claimed in respect of Assessment Years 2001-02 to 2005-06. 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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