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TMI Blog2013 (10) TMI 1132X X X X Extracts X X X X X X X X Extracts X X X X ..... for non-payment of advance tax – Assessee did not have control over the her funds/assets,that she could not be held as defaulter for failure in payment of advance tax – Penalty levied is deleted. - ITA No.263/Mum/2011, ITA No.264/Mum/2011, ITA No.851/Mum/2011, ITA No. 852/Mum/2011 - - - Dated:- 19-9-2013 - Sh. I. P. Bansal And Rajendra,JJ. For the Appellant : Shri Dharmesh Shah For the Respondent : Shri Dr. P. Daniel ORDER Per Rajendra,AM:- Cross-appeals have been filed by the Assessing Officer(AO) and the assessee for above referred two Assessment Years(AYs.).As the issues involved in these appeals are common,so,for the sake of convenience,all the four appeals are being adjudicated upon by a single common order. ITA. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner of Income-tax (Appeals) has erred in law and in facts in not appreciating that no income from attached assets can be assessed in the hands of the appellant. 4. The learned Commissioner of Income-tax (Appeals) has erred in law and in facts in not granting relief of liability amounting to Rs. 1,34,74,380/-, towards interest expenditure claimed by the appellant. 5. The appellant craves leave of Your Honour to add to, alter, amend and/or delete all or any of the foregoing grounds of appeal with the permission of Your Honour." Similar grounds of appeal have been filed for the next AY also.The only difference is amount of interest-for the AY.2005-06, interest amount is involved is Rs. 1,53,41,567/-. Assessee has also filed identical ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant." 5. After going through the addition ground filed by the assessee, we noted that the ground is legal ground, which does not require any new facts to be brought on record. In view of the decision of the Hon'ble Apex Court in the case of National Thermal Power Co. Ltd. Vs. CIT, reported in (1998) 229 ITR 383, the legal ground can be admitted, if no new facts are to be brought on record.However, after going through the additional ground raised by the assessee for all the assessment years involved here before us, we found that the ground is fully academic in nature for the reason that if the Hon'bte Supreme Court decides something that has to be followed without any dispute.The decision of the Hon'ble Apex Court is law of land, whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t orders for AY.2004-05 and 2005-06,AO had charged interest as per the provisions of section 234 of the Act. 2.1.Assessee preferred appeals before the First Appellate Authority(FAA).Before him assessee submitted that she was a notified entity under the provisions of Special Court Act,that no interest u/s.234A,234B 234C of the Act could be charged in her case,that her bank account were operat -ed under the directions of the Special Court,that the provisions of Special Court had overriding effect over the Act,that all the assets were under the control of the custodian,that the appellant could not have paid the advance tax unless directed by the Special Court,that the assessee did not have control over its income/assets,that she could not b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal no.1 to 3 for the AY.2004-05 and AY.2005-06.Therefore, grounds No.1-3stand dismissed as not pressed for the said AYs. 3.Ground No.4 is about disallowance of interest expense amounting to Rs. 1.34 Crores and Rs. 1.53 Crores for the AY.2004-05 and AY.2005-06 respectively. During the course of hearing it was brought to our notice that issue of disallowance of interest was decided by the Tribuanl,in the case of the Pratima Metha on 2nd August 2013,while deciding the appeals filed her for the AYs.2005-06,2006-07 and 2007-08 (ITA Nos.7871-73/Mum/2010). 3.1.We find that Tribunal has set aside the issue of disallowance of interest in the case of Pratima Mehta to the file of the AO,while deciding the appeals filed by her for the AYs.2005-0 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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