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TMI Blog2019 (7) TMI 1278X X X X Extracts X X X X X X X X Extracts X X X X ..... ils and is hereby dismissed. - R/TAX APPEAL NO. 423 of 2019 - - - Dated:- 23-7-2019 - MR J. B. PARDIWALA AND MR A. C. RAO, JJ. For The Appellant (s) : MRS MAUNA M BHATT (174) For The Opponent (s) : None ORAL JUDGMENT ( PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) This Tax Appeal under Section 260A of the Income Tax Act, 1961, is at the instance of the Revenue and is directed against the order passed by the Income Tax Appellate Tribunal, Ahmedabd 'B' Bench, Ahmedabad, in the the IT (SS) A No.83/Ahd/2018 for the A.Y.2012-13 dated 12/12/2018. 2. The Revenue has proposed the following question of law : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der consideration. 6. Ultimately, the finding of fact recorded by the Tribunal is as under : 23.4 Similarly, we also find that the said dividend was received int he FY 2012-13 in the bank on 16.10.2012 as evident from the bank statement placed on page 63 of the paper book. 23.5. From the above, it is clear that the dividend income was not received by the assessee in the year ending 31.3.2012 and accordingly the same was not liable to be taxed in the year under consideration, i.e AY 2.12-13. 23.6 Besides the above, we also not that the assessee has declared the dividend income pertaining the assessment year 2012-13 in the assessment year 2013-14 amounting to ͅ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... above, we are of the view that addition made on account of dividend income for the year under consideration is on without any basis and documentary evidence. 24.1Once we have held that the assessee has not received any dividend income in the year under consideration, the other grounds of appeal raised by the assessee become academic and do not require any separate adjudication. Accordingly, we direct the AO to delete the addition. Hence the ground of appeal of the assessee is allowed. 7. In view of the findings of fact with regard to receiving of the dividend, we do not find any error, not to speak of any error of law, in the impugned order. 8. In the result, this Appeal fails and is hereb ..... X X X X Extracts X X X X X X X X Extracts X X X X
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