TMI Blog2010 (12) TMI 1311X X X X Extracts X X X X X X X X Extracts X X X X ..... as raised two grounds in their appeal. However, permission granted by COD is only to pursue the issue related to foreign tax payments. Therefore, the issue relating to foreign tax only to be considered in this appeal. 4. On the other hand, the learned Departmental Representative conceded that the COD has given approval to pursue the only issue with regard to foreign tax payment. 5. We have considered the rival submissions. The COD vide letter dt.12.4.2010 granted approval to the department to pursue the issue relating to foreign tax payments, therefore, we proceed to hear the appeal with regard to foreign tax payments claimed as expenses by the assessee are allowable or not ?. 6. The second ground of appeal raised by the Revenue is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the case of M/s. Varun Shipping Limited in ITA no.1548/Mum/99 for A.Y. 1994-95, the claim of the assessee was denied and same was added to the total income of the assessee. 8. The assessee carried the matter before the learned CIT(A). Before the learned CIT(A), it was submitted that in earlier year in assessee s own case, similar claim of the assessee was allowed by relying upon the decision of Hon'ble Mumbai High Court in the case of Goodlas Nerolac reported in 188 ITR 1 and also CIT Vs. South East Asia Shipping Co. in ITA No.123 of 1976 and in ITA No.89 of 1989, CIT Vs. Tata Sons in March 1993. The learned CIT(A) after considering the submissions of the assessee observed that under the Income Tax Act, disallowance can only be m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore, respectfully following the judgment of Hon ble jurisdictional High Court vide Income Tax Appeal No.209 of 2001 for A.Y. 1985-86, Dt.2.4.2004 and Tribunal Order in assessee s own case for A.Ys 1981-82 and 1982-83 in ITA Nos.3846 3847/Mum/84, we dismiss this ground of appeal raised by the revenue. 13. In so far as C.O filed by the assessee is concerned, it is similar to the ground No.1 raised by the revenue, since we have already considered the issue and dismissed the revenue s appeal, there is no separate adjudication is required with regard to the C.O. 14. In the result the appeal filed by the revenue is dismissed and the C.O. filed by the assessee is rejected. Pronounced in the open Court on 23rd December, 2010. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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