TMI Blog2018 (9) TMI 2077X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 6454/Mum/2016 - - - Dated:- 19-9-2018 - Shri G.S. Pannu, Accountant Member And Shri Pawan Singh Judicial Member For the Appellant : Shri H.N. Singh (CIT-DR). For the Respondent : Shri Jai Bhansali (AR). ORDER PER PAWAN SINGH, JUDICIAL MEMBER; 1. This appeal by Revenue under Section 253 of Income-tax Act is directed against the order of ld. CIT(A)-13, Mumbai dated 31.08.2016 for Assessment Year 2010-11 which in turn arises from the assessment order dated 28.03.2013 passed under section 143(3) of the Act. The Revenue has raised the following grounds of appeal: 1. Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) was correct in deleting the disallowance of ₹ 13,22 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 Share Application Money Received 121.04 Interest Free Loans 100.43 Total Interest Free Funds 2,529.01 Interest Free Advances Interest Free Loan Considered Good 175.13 -Doubtful 46.44 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r on the basis of the fact that similar addition/ disallowance was made against the assessee in Assessment Year 2008-09 and 2009-10 disallowed ₹ 13.22 Crore under section 36(1)(iii). On appeal before the ld. CIT(A), the assessee contended that the similar addition was in Assessment Year 2008-09 and 2009-10 and on appeal the order of ld. CIT(A) deleted the addition/ disallowance and on further appeal before Tribunal the order of the CIT(A) was sustained. The assessee also furnished the copy of order of Tribunal dated 26.05.2016 before ld CIT(A). The ld. CIT(A) by following the order of Tribunal dismissed the appeal of Revenue. 6. We have seen that while dismissing the appeal of Revenue for Assessment Year 2008-09, the co-ordinate be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the head interest attributable to share application money of the sister concern. Thus, the whole base of making the addition goes. Therefore, confirming the order of the FAA first ground of appeal is decided is the AO. And in appeal for Assessment Year 2009-10, the Tribunal followed the order of Assessment Year 2008-09, operative part of which is extracted below: ITA No. 4416/M/2014-AY.2009-10: 13. The effective Ground of appeal is about deleting the addition of ₹ 7.74 crores made by the AO under section 36(1)(iii) of the Act. We find that the issue is identical to the issue raised by the AO in the earlier year. Following our order for the previous year, we dismiss the effective ground raised by the AO. 7. Considerin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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