TMI Blog2020 (10) TMI 147X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal recorded that it had heard the rival submissions, which would mean that both parties were heard - preamble portion of the impugned order shows that none represented the assessee. Since the first respondent assessee is under liquidation and the Hon'ble Administrator has been appointed and he is also represented through a counsel, we are of the considered view that the Tribunal can d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2018 passed by the Income Tax Appellate Tribunal, Bench B Chennai (for short, the Tribunal) in I.T.A.No.2048/Chny/ 2017 for the assessment year 2011-12. 2. The above appeal has been admitted on 19.11.2018 on the following substantial question of law: Whether the Tribunal was right and justified in holding that the disallowance under Section 14A read with Rule 8D should be restricted to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Rule 8D(2)(ii) of the Income Tax Rules (for brevity, the Rules) and another amount of ₹ 69,70,172/- as per Rule 8D(2)(iii) of the Rules and accordingly, the assessment was completed by order dated 30.4.2015 under Section 143(3) read with Section 92CA of the Act. 5. Aggrieved by the said order dated 30.4.2015, the assessee preferred an appeal before the Commissioner of Income Tax (Appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ganathan, advocate is appearing on behalf of the Hon'ble Administrator. In order to give an effective disposal, the learned Official Liquidator was suo motu impleaded as the second respondent by the earlier Division Bench by order dated 29.1.2020, notice has been served and his name has been printed in the cause list. 8. As we have been informed that the Hon'ble Administrator is now loo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inclined to interfere with the impugned order. 9. Accordingly, the above tax case appeal is allowed, the impugned order is set aside and the matter is remanded to the Tribunal. The Tribunal is directed to issue notice to the said Mr.S.Ulaganathan, learned counsel, office of the Official Liquidator, II Floor, Corporate Bhavan, Rajaji Salai, Chennai-1, representing the Hon'ble Administrator ..... X X X X Extracts X X X X X X X X Extracts X X X X
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