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TMI Blog2010 (7) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... the Assessing Officer for deciding the said case de novo has, in the process, even set aside the expenditure allowed by the Assessing Officer and CIT(A). We are of the view that ITAT has no power of enhancement of disallowance of expenditure made by the Assessing Officer and CIT(A) especially when no appeal had been filed by the Revenue. - 762/2010 - - - Dated:- 26-7-2010 - Through: Mr. M.S. Sayal, Senior Advocate with Mr. Mayank Negi and Mr. Sumit Kumar Singh and Ms. Husnal Syali, Advocates Through: Mr. Sanjeev Sabharwal, Advocate CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J CM 11183/2010 Allowed, subject to all just exceptions. CM 11184/2010 This is an appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 40,915/- as expenses on account of monies payable to Mahan as per Clause 5 of the joint venture agreement. 4. The Assessing Officer disallowed Rs. 83,30,111/- out of Rs. 1,48,40,915/- as according to him, by virtue of Clause 6 of the joint venture agreement only surplus, if any, which remained after meeting cost/expenses is to be paid to Mahan, subject to 2.8% of claim amount settled. 5. On an appeal being filed by the appellant, Commissioner of Income Tax (Appeals) [in short "CIT(A)"] allowed the said appeal partly. However, the CIT(A) rejected the appellant's appeal regarding disallowance of Rs. 83,30,311/-. It is pertinent to mention that it was contended before the CIT(A) that Clause 5 provided the basis for accrual and sharing be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... set aside the expenditure allowed by the Assessing Officer and CIT(A). We are of the view that ITAT has no power of enhancement of disallowance of expenditure made by the Assessing Officer and CIT(A) especially when no appeal had been filed by the Revenue. 10. Consequently, the impugned order to the extent it remands the matter to the Assessing Officer for deciding the same de novo is set aside and the matter is remanded back to the ITAT for deciding the issue at hand. 11. We, however, make it clear that we have not expressed any opinion with regard to the disallowance of expenditure of Rs. 83,30,111/- incurred by the appellant. With the aforesaid direction, present appeal stands disposed of. MANMOHAN, J CHIEF JUSTICE JU ..... X X X X Extracts X X X X X X X X Extracts X X X X
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