TMI Blog2016 (5) TMI 577X X X X Extracts X X X X X X X X Extracts X X X X ..... ant, nevertheless, the learned Tribunal, whilst passing the impugned order dated 15/1/2015, has taken a view that such amount was actually received by the appellant. There is no material on record to come to such a conclusion and the finding to that effect is based on no evidence and consequently, is a perverse finding of fact. As the impugned order passed by the learned Tribunal stands vitiated o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... setting aside the order of the CIT(A) and at the same time disallowing the appellant's claim under Section 36(1)(vii) of the Income Tax Act, 1961 ? 3. Heard forthwith with the consent of the learned Counsel. Learned Counsel appearing for the respondents waives notice. 4. Mr. Mihir Naniwadekar, learned Counsel appearing for the appellant has pointed out that in the first round of di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal preferred by the Respondent/Revenue afresh, in accordance with law. 5. On the other hand, Ms. Desai, learned Counsel appearing for the Revenue/Respondent, has pointed out that the appellant has also filed a miscellaneous application seeking rectification of the impugned order and, as such, the matter would be re-examined by the Tribunal, on such aspect, in accordance with law. The lear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Revenue/Respondent afresh, after hearing the parties, in accordance with law. The substantial question of law is answered accordingly. 7. In view of the above, we pass the following Order : (I) The impugned Order dated 15/1/2015 passed by the Income Tax Appellate Tribunal, Panaji in ITA Nos. 14 15/PNJ/2014 is quashed and set aside. (II) Income Tax Appeals No. 14 15/PNJ/201 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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