TMI Blog2019 (8) TMI 1335X X X X Extracts X X X X X X X X Extracts X X X X ..... make a mention to this Court to restore the appeal to be heard and decided on merits. - Tax Case Appeal No.605 of 2019 - - - Dated:- 19-8-2019 - Mr. Justice T.S. Sivagnanam And Mrs. Justice V. Bhavani Subbaroyan For the Appellant : Mr.Karthik Ranganathan, SSC For the Respondent : Mr.R.Vijayaraghavan JUDGMENT T.S. SIVAGNANAM, J. We have heard Mr.Karthik Ranganathan, learned Senior Standing Counsel appearing for the appellant Revenue and Mr.R.Vijayaraghavan, learned counsel accepting notice for the respondent assessee. 2. This appeal, filed by the Revenue under Section 260A of the Income Tax Act, 1961 is directed aga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot from the employer ? v. Whether, on the facts and in the circumstances of the case and in law, the Tribunal was correct in not appreciating that the amendment to Section 43B applies only to employer's contribution and not to the employees' contribution ? vi. Whether, on the facts and in the circumstances of the case and in law, the Tribunal was correct in not appreciating that Section 2(24)(x) of the Act refers to any sum received by the assessee from his employees as contribution to any PF or superannuation fund or any fund for the welfare of such employees and does not refer to employer's contribution. Therefore, with respect to any sum received by the tax payer from any of his employees ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exempt income when the assessee was maintaining mixed bag of funds and failed to substantiate that such investment in assets yielding exempt income are out of interest free funds ? xi. Whether, on the facts and in the circumstances of the case and in law, the Tribunal was correct in not appreciating that Rule 8D is a formula, which has to be strictly applied wherein the interest debited to the P L account has to be taken for computing the disallowance as per the Second Limb of Rule 8D and there is no scope for bifurcating the interest in any manner ? xii. Whether, on the facts and in the circumstances of the case and in law, the Tribunal was correct and justified in holding that investment made in subsi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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