9911796707
TMI Blog2014 (4) TMI 1236X X X X Extracts X X X X X X X X Extracts X X X X ..... iel ORDER P.M. Jagtap, These two appeals filed by the assessee against two separate orders passed by the ld. CIT(A)- 40, Mumbai both dtd. 28-02-2011for assessment years 2004-05 and 2005-06 involve a common issue and the same therefore have been heard together and are being disposed of by this single consolidated order for the sake of convenience. 2. The grounds raised by the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t appreciating that no income from attached assets can be assessed in the hands of the appellant. 5. The learned Commissioner of Income-Tax (Appeals) has erred in law and in facts in passing the order without complying with the principles of natural justice. 6. The learned Commissioner of Income-Tax (Appeals) has erred in law and in facts in not granting relief of liability amounting to Rs. 9, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny M/s Growmore Exports Ltd. for the same reason and the Tribunal vide its order dated 20-11-2013 passed in ITA No. 4015/Mum/2011 and Others condoned the said delay. Keeping in view the said decision of the co-ordinate Bench of this Tribunal and having regard to the relevant facts of the case, we condone the delay on the part of the assessee in filing these appeals before the Tribunal and proceed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 26-4-2013 passed in ITA No. 7726 & 7727/Mum/2010 wherein a similar issue relating to disallowance of interest expenditure has been set aside by the Tribunal to the file of the ld. CIT(A) vide para 5 of its order which reads as under:- "Ground No. 4 relates to the action of the Ld. CIT(A) in confirming the liabilities amounting to Rs. 11,24,99,052/- and Rs. 12,61,36,245/- respectively for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssue involved in the present case relating to disallowance of interest expenditure should also be sent back to the ld. CIT(A). Accordingly, we set aside the impugned orders of the ld. CIT(A) confirming the disallowance made by the A.O. on account of interest expenditure and remit the matter back to him for deciding the same afresh as per the same directions as given by the Tribunal in the case of ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
