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TMI Blog2020 (2) TMI 1233X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of law :- (i) Whether on the facts and in the circumstances of the case, the order of the Hon'ble ITAT in dismissing the Miscellaneous application without going through the merits of the case is not perverse and the legal issue raised by revenue before it should be reinstated and decided on merits ? (ii) Whether on the facts and in the circumstances of the case, the Hon'ble ITAT is justified in dismissing the Miscellaneous application of the Revenue without discussing the merits ignoring the legislative intent expressed in CBDT's Circular No. 5/2014 dated 11.02.2014, which explicitly states that expenses relatable to earning of exempt income have to be considered for disallowances irrespective of the fact whether any suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he disallowances wa restricted by Ld. CIT (A) to the extent except income earned ignoring the fact that Hon'ble Supreme Court of India in Civil Appeal No. 1423 of 2015 filed by Avon Cycles Ltd. Decided with Maxopp Investment Ltd. And many other cases decided the issue in favour of department ? (vii) Whether on the facts and in the circumstances of the case and in law, Hon'ble ITAT has erred in dismissing the Miscellaneous application and not deciding the merits of the case because order of Ld. CIT Appeal is perverse in holding that it is now 'res integra' that disallowances u/s 14A cannot exceed exempt income, when Supreme Court has upheld the principles of apportionment and department is in SLP on the same issue in the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ollowing issues should be contested on merits notwithstanding that the tax effect entailed is less than the monetary limits specified in para 3 above or there is no tax effect : (a) Where the Constitutional validity of the provisions of an Act or Rule is under challenge, or (b) Where Board's order, Notification, Instruction or Circular has been held to be illegal or ultra vires, or (c) Where Revenue Audit objection in the case has been accepted by the Department, or (d) Where the addition relates to undisclosed foreign assets/band account." 3. The only point to which this argument can be relatable is Clause 10 (b). We asked the learned counsel where any Notification, Order, Instruction or Circular has been held to be illegal or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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