TMI Blog2021 (10) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... e with the said Act and communicate the decision to the assessee at the earliest. As observed, the assessee is given liberty to restore the appeal in the event the ultimate decision to be taken on the declaration filed by the assessee u/s 4 of the said Act is not in favour of the assessee. If such a prayer is made, the Registry shall entertain the prayer without insisting upon any application to be filed for condonation of delay in restoration of the appeal and on such request made by the assessee by filing a Miscellaneous Petition for Restoration, the Registry shall place such petition before the Division Bench for orders. - Tax Case Appeal No.296 of 2016 - - - Dated:- 13-9-2021 - THE HON'BLE MR. JUSTICE T.S. SIVAGNANAM AND THE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facts and in the circumstance of the case, the Appellant Tribunal is right in confirming disallowance where the same is already disallowed and on items that are not subject to deduction in the circumstance? 5.Whether on the facts and in the circumstance of the case, the Income Tax Appellate Tribunal is right in law in their interpretation on the calculation of interest under Sections 234A, 234B and 234C read with Section 153A of the Income Tax Act, 1961 and its effect? And 6.Whether on the facts and in the circumstance of the case, the Appellate Tribunal is right in law in placing reliance on the facts and cases cited above in disallowing the appeal of the appellant? 2. We have heard Mr.B.Ramana Kumar and Mr.M.Velmurugan, l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s observed, the assessee is given liberty to restore the appeal in the event the ultimate decision to be taken on the declaration filed by the assessee under Section 4 of the said Act is not in favour of the assessee. If such a prayer is made, the Registry shall entertain the prayer without insisting upon any application to be filed for condonation of delay in restoration of the appeal and on such request made by the assessee by filing a Miscellaneous Petition for Restoration, the Registry shall place such petition before the Division Bench for orders. 6. With this observation, this Tax Case Appeal stands disposed of with the aforementioned liberty, and consequently, the Substantial Questions of Law are left open. No costs. - - TaxTM ..... X X X X Extracts X X X X X X X X Extracts X X X X
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