TMI Blog2015 (6) TMI 1230X X X X Extracts X X X X X X X X Extracts X X X X ..... learned CIT (Appeals) that the provisions of section 14A of the Act could not be applied while computing the deduction under section 80P(2)(d) - CIT (Appeals) dismissed the appeal of the assessee being not maintainable against the appeal effect order passed by the AO - HELD THAT:- CIT (Appeals) has not issued any direction to the Assessing Officer for applying the provisions of section 14A - if the Assessing Officer has applied the provisions of section 14A of the Act as per the contention of the learned counsel for assessee, it should be considered as appeal effect given in defiance of the order of the CIT (Appeals). Thus the appeal effect order passed by the Assessing Officer is appealable and appeal lies against his order before the lea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of income declaring income of ₹ 80,62,76,210/- on 31.10.2007. The assessment in this case was completed under section 143(3) of the Act on 24.12.2009 wherein the Assessing Officer disallowed the deduction claimed under section 80P)(2)(d) amounting to ₹ 2,91,55,456/-. The assessee filed appeal against the said assessment order before the learned CIT (Appeals), Panchku!a, who vide his order dated 4.6.2010 upheld the order of the Assessing Officer restricting the deduction under section 80P(2)(d) of the Act. Against the said order of the learned CIT (Appeals), an appeal was filed before the Tribunal. The Tribunal vide its order dated 18.2.2011 in ITA No.1081/Chd/2010 and ITA No.1095/Chd/2010 remanded back the matter to the Assessi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fficer while giving appeal effect to the order of the learned CIT (Appeals) vide his order dated 24.1.2013 applied the provisions of section 14A of the Act. The assessee feeling aggrieved against these findings of the Assessing Officer preferred appeal before the learned CIT (Appeals) against the order of the Assessing Officer dated 24.1.2013. The assessee contended before the learned CIT (Appeals) that the provisions of section 14A of the Act could not be applied while computing the deduction under section 80P(2)(d) of the Act. 5. The learned CIT (Appeals), however, dismissed the appeal of the assessee being not maintainable against the appeal effect order passed by the Assessing Officer. His findings in the impugned order in paras 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uch dividend income. The learned counsel for assessee submitted that the assessee is aggrieved against the action of the Assessing Officer in giving the appeal effect because the Assessing Officer exceeded his jurisdiction by applying the provisions of section 14A of the Act. Therefore, the appeal of the assessee was maintainable and the appeal lies against the order of the Assessing Officer giving appeal effect. In support of his contention he relied upon the following decisions : i) The decision of Hon'ble Andhra Pradesh High Court in the case of Bakelite Hylam Ltd. Vs. CIT, 37 Taxman 210, in which in para 4 it was held as under : 4. Two issues arise for consideration as indicated by the question referred to this Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er itself, and the appellate authority is bound to entertain an appeal and decide it on merits. ii) The decision of Hon'ble Bombay High Court in the case of Caltex Oil Refining (India) Ltd. Vs. CIT, 73 Taxman 231, in which in para 12 it was held as under : 12. In the light of these decisions and for the reasons given above, we are of the opinion that the impugned order of the assessment passed by the ITO pursuant to the directions of the appellate authorities with a view to giving effect to the directions contained therein is an order of assessment within the meaning of section 143 or section 144 of the Act and an appeal lies under section 2246(c) against such an order. 6. The learned counsel for assessee, ther ..... X X X X Extracts X X X X X X X X Extracts X X X X
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