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2019 (4) TMI 2089

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..... he issues in dispute, therefore, we uphold the action of the Ld. CIT(A) on the issues in dispute and reject the grounds raised by the Revenue. - ITA Nos. 5827 & 5828/Del/2015 - - - Dated:- 8-4-2019 - SH. H.S. SIDHU, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER For the Department : Sh. Amit Katoch, Sr. DR For the Assessee : Smt. Rajni Goel, Adv. ORDER PER H.S. SIDHU, JM These appeals are filed by the Revenue against the respective Orders passed by the Ld. CIT(A)-2, New Delhi relating to assessment years 2011-12 2012-13. Since the issues involved in these appeals are common, except the difference in figures, hence, the appeals were heard together and are being disposed of by this common order for the s .....

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..... ee why the same should not be disallowed and added back to the income of the assessee company by taking note of the fact that the same disallowance made in the previous year also. In response to the same, the AR for the assessee submitted its reply and after consideration of the same, the AO observed that the said disallowance was discussed in detail while passing the assessment orders for the AYs 2004-05, 2005-06, 2006-07, 2007-08, 2008-9, 2009-10 and 2010-11 and the Department is contesting this issue before the Hon ble High Court against the decision of the ITAT, appeal allowing the same. AO further observed that the assessee company has been regularly maintaining its accounts on the mercantile system and was bound to offer interest dere .....

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..... r of the Assessee. In this behalf, he filed the copies of the aforesaid decision before us. 6. We have heard both the parties and perused the records especially the impugned order. We find that Ld. CIT(A) has elaborately discussed the issues in dispute vide para no. 3.2 at page no. 6 7 of the impugned order. For the sake of clarity, we are reproducing the relevant finding of the Ld. CIT(A) as under:- 3.2 I have gone through the findings in the assessment order and the submission of the appellant s AR. As per order dated May 19, 2014 of Hon ble High Court of Delhi in ITA Nos. 207/2014, 208/2014 and 209/2014, the issue regarding the derecognition of interest on accrual basis on Non Performing Assets has been decided in favour of the .....

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