2016 (7) TMI 918

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..... the contention of the revenue failed both before the CIT(A) and before the learned Tribunal. The circular referred to in the question does not help the revenue either. Mrs. Gutgutia has not relied upon that circular. In that view of the matter, the question no.1 is answered in the affirmative in favour of assessee Addition of sundry expenses - Held that:- When the disallowance was made purely .....

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..... allowed and part of the appeal preferred by the revenue was also allowed. Aggrieved by the order, the revenue has come up in appeal. The questions of law were formulated on 30th November, 2006 when the appeal was admitted by this Court, which are as follows:- 1. Whether on the facts and in the circumstances of the case the Learned Tribunal was justified in confirming the order of the CIT( .....

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..... A.O. in excluding the payment received in Indian currency amounting to ₹ 25,85,50,346/- from foreign airlines which was paid out of their repatriable balance and ₹ 5,51,49,891/- from foreign diplomates as they exempted from mailing payments in foreign currency even though it was clarified by the circular No.60/97-2002 dated 24.12.1958 issued by the Ministry of Commerce for the purpose .....

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..... the revenue failed both before the CIT(A) and before the learned Tribunal. The circular referred to in the question does not help the revenue either. Mrs. Gutgutia has not relied upon that circular. In that view of the matter, the question no.1 is answered in the affirmative. In so far as the question no.2 is concerned, the assessing officer had made the addition because he was of the opinion t .....

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..... to the CIT(A) or to the learned Tribunal but to delete the disallowance. In that view of the matter, the question no.2 is also answered in the affirmative. In so far as he question nos.3 and 4 are concerned, no interference is called for because the matter has been restored to the file of the assessing officer for further enquiry. The Tribunal as a last court of facts was entitled to take the v .....

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