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TMI Blog2016 (1) TMI 808X X X X Extracts X X X X X X X X Extracts X X X X ..... y the same, as alleged by the assessee. Moreover, as rightly pointed out by the ld. D.R., the ld. CIT(Appeals) is bound to give due opportunity to the assesese of being heard before deciding this issue as per the direction of the Tribunal and if the profit in question is already included in the gross total income of the assessee as claimed, the assessee cannot be said to have any material grievance on this issue. We, therefore, hold that there is no mistake in the order of the Tribunal while deciding the issue relating to the assessee's claim for deduction under section 80IC as alleged by the assessee. Disallowance under section 14A - Held that:- Disallowance under section 14A was arrived at by the Assessing Officer by a categorical reco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... akes alleged to have been crept in the order of the Tribunal dated 12.09.2014 passed in ITA Nos. 1339/KOL/2012 and 1144/KOL/2012. 2. At the time of hearing before us, the ld. Counsel for the assessee has not pressed the issue relating to the first mistake alleged to have been crept in the order of the Tribunal while deciding the ground in respect of assessee's claim for deduction under section 80-IA. 3. As regards the second mistake allegedly crept in the order of the Tribunal while deciding the issue relating to deduction under section 80IC, the ld. Counsel for the assessee invited our attention to the relevant portion on page no. 24 of the assessment order to point out that the claim of the assessee for deduction under section 8 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any grievance on this issue as the ld. CIT(Appeals) is bound to give an opportunity to the assessee to establish the same as per the direction of the Tribunal. 5. After considering the rival submissions and perusing the relevant material available on record, we are unable to agree with the ld. Counsel for the assessee that there is a mistake apparent from record in the order of the Tribunal while giving a direction to the ld. CIT(Appeals) to verify as to whether the profit in question of the eligible undertaking is included in the gross total income of the assessee. As rightly pointed out by the ld. D.R., the relevant findings/ observations recorded by the Assessing Officer on page no. 24 of his order clearly shows that the claim of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal had sought to raise the issue relating to the absence of objective satisfaction recorded in the order of the Assessing Officer before applying Rule 8D read with the provision of section 14A of the Act. He submitted that the Hon'ble Members of the Tribunal, however, expressed the view that they could not interfere with the satisfaction formed by the Assessing Officer and accordingly, the ld. Authorized Representative of the assessee was not allowed to raise any further argument on this issue. He submitted that the Tribunal in its order dated 12.09.2014 (supra) has given a finding to the effect on page no. 29 that such satisfaction on objective basis was recorded by the Assessing Officer. He has contended that this finding thus has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ailable on record to show that any view was expressed by the Tribunal to the effect that it could not interfere with the satisfaction formed by the Assessing Officer and that the ld. Authorized Representative of the assessee was prevented from raising any further arguments on this aspect of the matter. There is thus nothing on record to support or substantiate the affidavit of Shri Rahul Kumar Mitra filed by the assessee. On the contrary, the relevant observations/ findings recorded by the Tribunal in its order clearly show that his aspect is not only considered and discussed by the Tribunal, but a clear-cut finding has been recorded thereon to the effect that the satisfaction on objective basis as required for making any disallowance under ..... X X X X Extracts X X X X X X X X Extracts X X X X
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