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2016 (3) TMI 373 - MADRAS HIGH COURT

2016 (3) TMI 373 - MADRAS HIGH COURT - TMI - Disallowance made under Section 14A read with Rule 8D - Tribunal setting aside the appellate order and directing the Assessing Officer to redo the disallowance - Held that:- The appeal does not involve any substantial questions of law. In the order of remand, the Tribunal did not record any categorical finding on the question of disallowance under Section 14A. The Tribunal merely remanded the matter for the purpose of finding out as to how much of the .....

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r on the facts and in the circumstances of the case, the Appellate Tribunal was right in setting aside the appellate order and directing the Assessing Officer to redo the disallowance made under Section 14A read with Rule 8D, when the Assessing Officer had correctly done disallowance as per the above provisions of law ? and (ii) Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in directing the Assessing Officer to reconsider the interest free funds avai .....

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claimed by the assessee was not permitted. The amount was added to the income of the assessee. 4. The assessee filed an appeal before the Commissioner of Income Tax (Appeals), who allowed the appeal partially and remitted the matter back to the Assessing Officer in respect of certain items. The assessee filed a further appeal before the Tribunal. The Tribunal took the view that it is necessary to find out whether the investments were made by the assessee from the borrowed funds or from interest .....

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