2019 (3) TMI 1676

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..... r Singh, DR For the Respondent : Shri Farooq Irani, AR ORDER PER MAHAVIR SINGH, JM: The only common issue in this two Misc. Applications of Revenue is that there is a mistake apparent from record in ITAs No. 1178/Mum/2013 & 5879/Mum/2012, wherein it is alleged that the Tribunal has dismissed the Revenue's appeal by observing that the AO has not recorded satisfaction while making disallowance u .....

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..... Representative, relied on the Misc. petition and referred to Para 4 and 5 of the Misc. Petition which is common in both the years and the same read as under: - "4. However, the AO, at Para 5 of the assessment order dated 29.12.2011 had rejected the amount offered for disallowance by the assessee, for the reason that it was not in accordance with Rule 8D. 5. Thus, the AO has recorded a satisfac .....

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..... the AO has recorded the satisfaction except merely writing a theoretical line that the provisions of section 14A read with Rule 8D of the Rules applies. 5. We have heard rival contentions and gone through the facts and circumstances of the case. We have gone through the assessment order again and the order of the Tribunal and noted that the AO has nowhere pointed out from the accounts of the ass .....

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