2017 (1) TMI 1619 - HC - Income Tax

Disallowance u/s 40(a)(ia) - Held that - It is an agreed position between the Counsel appearing before us that the question as proposed would not give rise to any substantial question of law for the reasons recorded in our earlier order dated 30th November, 2015 2015 (12) TMI 568 - BOMBAY HIGH COURT in respect of Assessment Year 2008-09. - Decided against revenue.

Summary

Issues:
Challenge to order of Income Tax Appellate Tribunal under Section 260A for Assessment Year 2009-10.
Substantial question of law regarding deletion of disallowance under section 40(a)(ia) of the Income Tax Act, 1961.

Analysis:
The High Court of Bombay heard an appeal challenging the order of the Income Tax Appellate Tribunal for Assessment Year 2009-10. The main substantial question of law raised by the Revenue was whether the Tribunal was correct in law in deleting the disallowance made under section 40(a)(ia) of the Income Tax Act, 1961. The impugned order of the Tribunal, which was the subject of this appeal, was based on a previous order dated 22nd February, 2013 in the respondent assessee's case for Assessment Year 2008-09.

The Revenue, represented by Mr. Suresh Kumar, argued that they had previously appealed against the Tribunal's order for Assessment Year 2008-09, but their appeal was rejected by the High Court on 30th November, 2015, as it did not raise any substantial question of law. Both counsels agreed that the proposed question did not give rise to any substantial question of law, as per the earlier order dated 30th November, 2015, related to Assessment Year 2008-09.

Consequently, the High Court dismissed the appeal, stating that the proposed question did not give rise to any substantial question of law, in line with their previous decision related to Assessment Year 2008-09. The court concluded the judgment by mentioning that no costs were awarded in this matter.