TMI Blog2013 (6) TMI 749X X X X Extracts X X X X X X X X Extracts X X X X ..... relief has been granted by the CIT(A) against the finding, both the parties are arguing. For ready-reference, the grounds raised by the respective parties read as under :- I.T.A .No.-5771/Del/2011 1. On the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the addition of ₹ 1,50,000/- made on account of disallowance u/s 14A read with Rule 8D, of the I.T. Rules, 1962. 2. On the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the addition of ₹ 47,30,967/- made on account of disallowance of courtesies Entertainment expenses. 3. The appellant craves leave to add, alter or amend any ground of appeal raised above at the time of hearing. I.T.A . ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ive expenses @ 0.5% thereby the disallowance of ₹ 1,50,000/- should be sustained. Reliance was placed upon the judgement of the Delhi High Court in the case of Maxopp Investment Ltd. 50 Taxmann.com 390. The Ld. Sr. DR inviting attention to the impugned order stated that the CIT(A) has granted relief on the basis of the order of the Tribunal in assessee s own case as such heavy reliance has been placed upon the assessment order. 4. Ld. AR on the other hand relying upon the impugned order contended that the consistent view pan India as far as the issue is concerned is consistently in favour of the assessee as this view laid down in the case of Bajaj Allianz General Insurance Co. Ltd vs ACIT (2010) 130 TTJ 398 (Pune) has been consiste ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disallowance. 5. In reply, the Ld. Sr. DR placed reliance upon the assessment order and was not able to state on query whether the orders of the Tribunal followed by the CIT(A) have been reversed or not in the face of the stated stand of the assessee that the decisions hold sway. 6. We have heard the rival submissions and perused the material available on record and the judgements and orders which have been referred to for our consideration have also been taken into consideration. It may be relevant at this point of time to reproduce the relevant findings of the CIT(A) which is under challenge:- 7. I have gone through the above submissions of the appellant and have also perused the ITAT s order in appellant s own case for Assessm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rofits of the business had to be computed in accordance with section 44 and Rule 5 of the First Schedule. The learned DR was not able to point out error in the disallowance computed by the learned CIT (Appeals). Therefore, it is held that there is no such error in his order, which requires correction from us. Thus, grouno.-3 is dismissed. 6.2. On a perusal of the same in the peculiar facts and circumstances, we find no infirmity in the impugned order. Respectfully following the order of the Tribunal, ground no-1 of the department is dismissed. 7. The facts qua ground no.-2 of the department and the ground no-1 of the assessee are found recorded at page 2 para 5 of the assessment order. The same are reproduced for ready-reference :- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled the action of the CIT(A) on the ground that the action of sustaining the disallowance to the extent of ₹ 10,00,000/- thereby retaining the addition of said amount of ₹ 10,00,000/- is not correct either on law or on facts. It was his submission that in the peculiar facts and circumstances of the case, the CIT(A) was not justified in sustaining the addition relying upon the position for 2004-05 assessment year as in the facts of that year the assessee was saddled with the peculiar situation where it had neither raised a cross-objection nor filed a cross-appeal and this fact is noted by the Tribunal in para 4.2 in that year as only the departmental appeal was being considered which was dismissed. In the facts of the present ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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