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2017 (2) TMI 1219

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..... nguishing features in facts or law has been pointed to us from those in the case of Paresh K. Shah (2013 (6) TMI 755 - ITAT MUMBAI) which would justify the disallowance on the gross interest paid and not on net interest. Interest free deposit received by the assessee - determine the ALV of the rented property - Tribunal upholding the order of CIT(A) directing AO to delete the 12% interest charg .....

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..... of the case and in law, the Tribunal was justified in holding that the disallowance made under Section 14A read with Rule 8D on the basis of the netting of interest relying upon the decision of benches in Paresh K. Shah (ITA No.8214/M/2011) and M/s. Trade Apartments Ltd.? (ii) Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in upholding the o .....

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..... TA no.1277/Kol/2011). Mr. Kotangale, the learned counsel appearing for the Revenue is unable to point out whether the decision of the Tribunal in Paresh K. Shah (supra) has been challenged in appeal. This in view of absence of any instructions from the officers of the Revenue. In the above view, one has to proceed on the basis that the decision of the Mumbai Bench of the Tribunal in Paresh K. .....

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