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TMI Blog2018 (4) TMI 1211X X X X Extracts X X X X X X X X Extracts X X X X ..... (6) TMI 1124 - ITAT DELHI]. Accordingly, the question of law as framed is answered as above. - Tax Appeal No. 31 of 2018 - - - Dated:- 9-4-2018 - N. M. JAMDAR, AND PRITHVIRAJ K. CHAVAN, JJ. Mr. Jitendra Jain, Mr. Gaurang Panandiker and Mr. Gajanan E. Dukle, Advocates for the Appellants. Mr. K. Aravind, Standing Counsel for the Respondent. ORAL JUDGMENT: (Per. N. M. Jamdar, J) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessment year 2010-11. The Appellant earned dividend income of ₹ 45,08,620/-. According to the Appellant he did not incur any expenditure to earn dividend, but by itself disallowed the same under Section 14A of the Income Tax Act read with section 8D(2)(iii) at 0.5% average investment. The Assessing Officer passed an order under Section 143(3) of the Income Tax Act assessing income at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Investment (P.) Ltd. in IT Appeal No. 502 (Delhi) of 2012. The learned Counsel for the Appellant submitted that the decision of the Special Bench was delivered on 16 June 2017, on the same day when the Judgment and Order was reserved by the Income Tax Appellate Authority, Panaji. Learned Counsel for the Appellant submitted that the Judgment and Order was pronounced by the Income Tax Appellate T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ravind, the learned Standing Counsel sought to contend that facts will have to be examined before applying the decision of the Special Bench. In these circumstances, we are of the opinion that the Income Tax Appellate Tribunal should reconsider the issue after taking note of the decision of the Special Bench in case of Assistant Commissioner of Income-tax, Circle 17(1), New Delhi v. Vireet Inves ..... X X X X Extracts X X X X X X X X Extracts X X X X
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