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2012 (3) TMI 488 - AT - Income Tax

Issues involved: Department's appeal for the assessment year 2007-08 challenging the deletion of certain additions made by the Assessing Officer.

Ground No. 1: The Department contended that the ld. CIT(A)'s order was wrong, perverse, and against the law.

Ground Nos. 2 & 3: The Department challenged the deletion of additions of Rs. 56,57,120/- for repair and maintenance expenses and Rs. 18,09,618/- for depreciation on furniture, fixture, and plant and machinery. The Tribunal referred to a previous order in the assessee's own case for the assessment year 2006-07, where it was held that the expenses were correctly accounted for and offered for taxation, thus upholding the CIT(A)'s decision.

Ground No. 4: The Department disputed the deletion of an addition of Rs. 23,14,444/- made u/s 14A of the I.T. Act read with Rule 8D of the I.T. Rules. The Tribunal found that the assessee had sufficient resources to cover the investments, no interest costs were incurred, and the expenditure on portfolio management services was duly accounted for. The Tribunal upheld the CIT(A)'s decision to delete the addition, as the facts remained unchallenged.

The Tribunal dismissed the Department's appeal, upholding the CIT(A)'s order in all respects.

 

 

 

 

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