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2020 (8) TMI 200

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..... culminated with the order of the Tribunal, remanding the matter to the Assessing Officer. The Assessing Officer has done some factual exercises. This test was corrected by the CIT(A). The CIT(A) examined the matter and rendered a finding by partly allowing the Assess's appeal. Thereafter, the matter was taken before the Tribunal in the way of appeal by the Revenue, wherein, the findings of CIT(A) was re-examined by the Tribunal, and the Tribunal, after assigning independent reasons, affirmed the order of the CIT(A). There is no question of law, much less the substantial questions of law arises in this appeal. - T.C.(A) No.987 of 2019 - - - Dated:- 9-7-2020 - HONOURABLE MR. JUSTICE T.S. SIVAGNANAM AND HONOURABLE MRS. JUSTICE V.BHAVA .....

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..... nity was granted to the department before passing the order which clearly violates Rule 46A? 4. Whether on the facts and in the circumstance of the case, the Tribunal was right in not considering the fact that the matching principle in terms of income and expenditure is not applicable when cash method of accounting is followed as sine qua non for allowability of expenditure there should be nexus between the income and expenditure reported for the year in question as applicable in terms of Section 36 and 37 of the Income Tax Act? 3. We have heard Ms. Hemalatha, learned Senior Standing Counsel for the Revenue and Mr. A.S. Sriraman, learned counsel for the Assessee. 4. The Assessee is an exporter of cotton garments, cotton fabric .....

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..... The Tribunal once again examined the factual position placed by the Assessee before the Assessing Officer, at the first instance when the assessment was completed, and also verified the details which were culled out during the assessment proceedings after the remand order of the Tribunal in the earlier round of litigation and dismissed the Revenue's appeal. 6. We have carefully examined the order of CIT(A) as well as the Tribunal. As mentioned above, this is the second round of litigation and the first round culminated with the order of the Tribunal, remanding the matter to the Assessing Officer. The Assessing Officer has done some factual exercises. This test was corrected by the CIT(A). The CIT(A) examined the matter and rendered .....

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