TMI Blog2016 (7) TMI 1394X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 6729/Mum/2014 - - - Dated:- 13-7-2016 - Shri B.R. Baskaran, Accountant Member And Shri C.N. Prasad, Judicial Member, For the Appellant : Shri Rahul Raman For the Respondent : Shri Pankaj Jain ORDER PER C.N. PRASAD, JM: This appeal is filed by the Revenue against the order of the Ld. CIT(A)-3, Mumbai dated 4.8.2014 pertaining to assessment year 2010-11. 2. The Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Co-ordinate Bench for the Assessment Year 2008-09 2009-10 in ITA Nos. 6030/M/2012 dated 7.2.2014 746/M/2014 dated 19.2.2016. Placing reliance on these decisions, the Ld. Counsel for the assessee submits that the issue in appeal has been squarely covered in favour of the assessee in its own case therefore request for sustaining the order of the Ld. CIT(A) on this issue. 4. The Ld. Departmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... However,the Kolkata High Court in the matter of Samir Tekriwal(supra), has held that expenses are not liable to be disallowed u/s.40(a)(ia)on account of short deduction of tax.The Hon ble jurisdictional High Court has not decided the issue. Thus,we are faced with two diagonally opposite views about applicability of the provisions of section 40 (a)(ia)of the Act. We find that the Hon ble Bombay Hig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ween different High Courts,he must follow the decision of the High Court within whose jurisdiction he is (functioning), but if the conflict is between decisions of other High Courts, he must take the view which is in favour of the assessee and not against him. Similarly, if the Tribunal has decided a point in favour of the assessee,he cannot ignore that decision and take a contrary view, because t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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