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TMI Blog2018 (6) TMI 1778X X X X Extracts X X X X X X X X Extracts X X X X ..... pect of Revenue expenditures for issue of debenture of LIC of India when such claim was never made by Assessee in its return of income in contradiction to in the case of Goetze (India) Ltd [ 2006 (3) TMI 75 - SUPREME COURT] - Tribunal has erred in law and on facts in remanding the issue of relief under Section 90 to the file of AO - HELD THAT:- Tribunal has remitted the matter back to the AO to consider the said claim. The only grievance on behalf of the Revenue is that without filing revised return, the same ought not to have been permitted. However, the said issue is concluded against the Revenue in view of the decision of this Court in the case of Commissioner of Income Tax vs. Woodward Government India P. Ltd [ 2009 (4) TMI 4 - SUPREME ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d on account of Mark to Market basis ? B. Whether the Appellate Tribunal has erred in law and on facts in deleting upward adjustment of ₹ 14,91,87,270/made on account interest charged on the loans granted to the Associated Enterprises, at discounted rate to the prevailing Market rate ? C. Whether the Appellate Tribunal has erred in law and on facts in allowing the fresh claim of the assessee in respect of Revenue expenditures of ₹ 5.06 Crores for issue of debenture of LIC of India when such claim was never made by Assessee in its return of income in contradiction to the Apex Court decision in the case of Goetze (India) Ltd 157 Taxman 1 ? D. Whether the Appellate Tribunal has erred in law and on facts in holding that disall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed. 4.0. Present Tax Appeal is admitted for consideration of following substantial question of law: B. Whether the Appellate Tribunal has erred in law and on facts in deleting upward adjustment of ₹ 14,91,87,270/made on account interest charged on the loans granted to the Associated Enterprises, at discounted rate to the prevailing Market rate ? D. Whether the Appellate Tribunal has erred in law and on facts in holding that disallowance under Section 14 A cannot be added to book profit while working out tax liability under the provisions of MAT as the said section has no applicability beyond chapter IV, while computing the book profit under Section 115JB of the Act ? 5.0. To be heard with Tax Appeal Nos. 671 of 2018 & 666 of 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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