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TMI Blog2014 (5) TMI 399X X X X Extracts X X X X X X X X Extracts X X X X ..... lation – Held that:- Franklin Templetion Asset Management (India) Pvt. Ltd. [2011 (9) TMI 39 - BOMBAY HIGH COURT] - the Tribunal's view cannot be said to be suffering from any perversity or error of law apparent on the face of the record - The revenue has been unable to point out anything to the contrary or order of the superior Court – thus, no substantial question of law arises for consideration ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d as under : (a) Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal, in law, was justified in upholding the order of the Commissioner of Income Tax (Appeals) in not sustaining the addition made by the Assessing Officer being the difference between the amount of investment advisory fees computed at the maximum rates specified in Regulation 52(2) of the Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Division Bench of this Court in Income Tax Appeal No.1043 of 2010, decided on 12th September, 2011. The wording of the question for the relevant assessment year before the Division Bench and for the current assessment year before us is identical. The Division Bench in considering this question held that the Tribunal's view cannot be said to be suffering from any perversity or error of law a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was raised in the assessment year 2005-2006 and a particular view was taken by the Commissioner of Income Tax (Appeals) which was not questioned by the revenue. Apart therefrom, what the Tribunal has found in the order under challenge is that all the items that are referred to in the order of the Assessing Officer are used along with the computer system of the assessee company. The argument that a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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