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TMI Blog2020 (7) TMI 784X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal by order dated 15.11.2019 in M.A. No. 521 to 523/Mum/2019 arising out of ITA.Nos. 1044, 1045/Mum/2018 and ITA.No. 6970/Mum/2017 for the A.Ys. 2012-13 to 2014-15, as the Tribunal while disposing off the appeals on 24.07.2019 did not adjudicate the following grounds raised by the assessee in respect of levy of interest u/s. 234B of the Act. 2012-13 Ground No.5-Interest under section 234B of the Act On the facts and circumstances of the case and in law, the CIT(A) erred in not holding that prevision of section 234B of the Act are not applicable in the Appellant s case. 2013-14 Ground No.5 On the facts and circumstances of the case and in law, the CIT(A) erred in not holding that provisions of section 234 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 e. Prime Securities Ltd., v. Asst. CIT (Inv.) [33 ITR 464 (BOM)] 4. Ld. DR vehemently supported the orders of the authorities below. 5. We have heard the rival submissions, perused the orders of the authorities below and the order of the Tribunal. Identical issue came up before the Tribunal for the A.Y. 2009-10 in assessee s own case in ITA.No.6282/Mum/2012 dated 09.08.2017 wherein the Tribunal decided the issue in favour of the assessee observing as under: - 8. In its appeal the assessee has raised 27 Grounds of appeal. During the course of hearing before us the AR stated that all the grounds were not effective Grounds of appeal, that some of them were arguments only in support of the grounds. Therefore, we are rearranging t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o 6.3, Pg-20-21 Para 12 to 14, Pg-6 to 8 21. Add back of pension losses Para 1 1.3, pg-23 8.1. Ground no.1 and 27 are generic in nature, hence, are not being adjudicated. 8.2. Before us, the AR stated the if ground 2 was decided in favour of the assessee, it would result in adjudication of grounds no.3,4,14,15 and 19 to 25. Considering his submissions, we decide ground no.2 in favour of the assessee and allow the grounds no.3,4,14,15,19-25 for statistical purposes. 8.3. As the issue of disallowance u/s. 14A(GOA-5) stands allowed in the cases of ICICC and HDFC, so, we allow ground no.5 in favour of the assessee. GOA 6-8, are allowed fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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