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TMI Blog2010 (5) TMI 886X X X X Extracts X X X X X X X X Extracts X X X X ..... evenue emanates from the order of CIT(A)-IV, New Delhi, passed on 20.10.2009 in I.T. Appeal No.83/08-09. The assessee has taken up two substantive grounds of appeal, which are reproduced below:- i) On the facts and in the circumstances of the case, the learned CIT(A) erred in law and on facts in directing to delete the addition of ₹ 17,13,614/- on account of computation of annual letting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A. Nos.4037 4038/D/2007 for assessment years 2003-04 2004-05 dated 13.03.2009. In fact, a mention has been made in this regard in the grounds themselves where it is mentioned that the revenue is contesting these grounds before the Hon ble Delhi High Court. The decision of the Tribunal in regard to ground No.1 is contained in paragraph 9, which is reproduced below:- 9. We have considered t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the CIT(A) have become final. Therefore, no basis is left with the Assessing Officer for making the enhancement in the ALP adopted by the assessee. We accordingly are of the view that the orders of the authorities below cannot sustain under law. We accordingly set aside the orders of the authorities below and the additions are deleted and the appeal for the assessee is allowed. Respectfully ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing provisions as it applies to the case of loans or advances by a company to a concern in which it s shareholder has substantial, is based on the presumption that the loan or advance would ultimately be made available to the shareholders of the company giving the loan or advance. The intention of the legislature is therefore to tax dividend only in the hands of the shareholder. 6.Here it i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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