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TMI Blog2018 (3) TMI 591X X X X Extracts X X X X X X X X Extracts X X X X ..... t, 1961 (the Act), challenges the order dated 6th February, 2015 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order dated 6th February, 2015 is in respect of Assessment Year 2008-09. 2. Revenue urges the following question of law, for our consideration: "(i) Whether on the facts and in the circumstance of the case and in law, the Hon'ble Income Tax Appellat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e u/s. 36(1)(iii) of the Act and has no t direct application for a dis-allowance u/s. 14A ? (iii) Whether on the facts and circumstances of the case and in law, the Hon'ble Income Tax Appellate Tribunal was justified in restoring back the issue of disallowance of Rs. 1,92,02,842/- to the file of the AO for re-adjudication without appreciating the fact that the assessee did not maintain any se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /s. RBK Share Broking Pvt. Ltd.?" REGARDING QUESTIONS NO.1 AND 2 :- 3. Mr. Suresh Kumar, the Learned Counsel appearing for the Revenue very fairly states the issues raised herein stands concluded against the Revenue and in favour of the respondent, assessee by the decision of this Court in Commissioner of Income Tax V/s. HDFC Bank Ltd. 366 ITR 505. Infact, we note that the impugned order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Tribunal has held that for the purpose of computing book profits, the Assessing Officer would include the amount of dis-allowance. However, as the issue of amount of dis-allowance under Section 14A of the Act has been restored to the Assessing Officer, this issue is also consequential to the quantum determined by the Assessing Officer while considering the dis-allowance. In the above view, Que ..... X X X X Extracts X X X X X X X X Extracts X X X X
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