TMI Blog2017 (2) TMI 1442X X X X Extracts X X X X X X X X Extracts X X X X ..... with the directions of the Tribunal in the assessee s own case for the earlier AY 2011-12. CIT (A) gave finding and there is no change on the facts. Considering the above, the decision of the CIT (A) is fair and reasonable and it does not call for any interference. Accordingly, solitary ground raised by the Revenue is dismissed. - ITA No. 5582/Mum/2016 - - - Dated:- 6-2-2017 - SHRI D. KARU ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e for making the interest yielding advances was ₹ 51,85,299/-? 2. Whether in the facts and circumstances of the case and in law, the Ld CIT (A) failed to appreciate that notwithstanding a partial nexus between interest paid on borrowings utilized for interest yielding advances, the entire interest attributable to borrowings not utilized for making interest yielding advances could ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... poses. Accordingly, AO invoked the provisions of section 36(1)(iii) and 57(iii) of the Act. Aggrieved, assessee carried the matter in appeal before the first appellate authority. 3. During the proceedings before the first appellate authority, after considering the submissions of the assessee, CIT (A) allowed the appeal of the assessee relying on the order of the Tribunal in the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ess of this order, the said para 5.1.12 of the CIT (A)‟s order is extracted as under:- 5.1.12. The matter for AY 2011-12 was examined and allowed in favour of the appellant. There is no change in the facts and law in respect of the matter already adjudicated in AY 2011-12 in appellant s own case and compared to AY 2012-13. The Department has not filed appeal before the Income Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
