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M/s. Chowgule Brothers Private Limited Versus Assistant Commissioner of Income Tax & Union of India

2016 (5) TMI 577 - BOMBAY HIGH COURT

Disallowance under Section 36(1)(vii) - Held that:- In the first round of disptue with regard to the subject income of the appellant, the fact finding Authority has come to the conclusion that the disputed amount was not actually received by the appe .....

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t 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 on that count, the impugned order deserves to be quashed and set aside and the matter be remanded t .....

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and Mr. Purushottam R. Karpe, Advocates For the respondents: Ms. Asha Desai, Advocate ORAL JUDGMENT: (PER F.M. REIS, J.) Heard Mr. Mihir Naniwadekar, learned Counsel appearing for the appellant and Ms. A .....

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er 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 wa .....

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that the disputed amount was not actually received by the appellant, 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. The learned Counsel .....

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rder passed by the learned Tribunal stands vitiated on that count, the impugned order deserves to be quashed and set aside and the matter be remanded to the learned Tribunal to examine the appeal preferred by the Respondent/Revenue afresh, in accorda .....

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e matter would be re-examined by the Tribunal, on such aspect, in accordance with law. The learned Counsel, however, points out that the material on which the learned Tribunal has based its finding that the amount was actually received by the appella .....

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esh, in accordance with law. 6. Without going into the merits of the rival contentions, considering the contentions raised by both the learned Counsel referred to herein above, we find it appropriate, in the interest of justice to quash an .....

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