9911796707
TMI Blog2023 (6) TMI 742X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal in its true perspective - HELD THAT:- The facts reveal that the Tribunal was seized of three set of appeals filed by the Revenue and two pro-subjections by the assessee in respect of three assessment years i.e. 2009-2010, 2013-2014 and 2014- 2015. The aspect regarding retrospectivity was not of Section 43-D of the Finance Act, 2017, it seems from the record that the Tribunal has applied its mind to the ground raised by the appellants while the other ground of deduction of overdue interest qua RBI guidelines is also discussed. Tribunal has taken care to discuss all the issues raised before it and has rendered findings which is based primarily on facts. References may have been made of certain legal provisions but the adjudication a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer for re-verification of books of accounts on suspicion that excessive claim of over due interest by the appellant could not be ruled out. 3. Whether in the facts and circumstances of the case, the Tribunal is right in law to enter into verification of correctness of quantum of over due interest when there was no dispute on it and the issue did not arise out of Revenues appeal and grounds raised therein and as such exceeded its jurisdiction vested in it under section 254 of the Act? 4. Whether on the facts and in the circumstances of the case, the Tribunal is right in law to hold that there is excess claim for over due interest, made by the appellant and it s finding on this issue is not perverse? 5. Whether the Tribunal is right in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 Learned counsel for the appellants has relied upon several decisions of various aspects which need not be gone into in view of the nature of the order being passed infra. 6. The facts reveal that the Tribunal was seized of three set of appeals filed by the Revenue and two pro-subjections by the assessee in respect of three assessment years i.e. 2009-2010, 2013-2014 and 2014- 2015. The aspect regarding retrospectivity was not of Section 43-D of the Finance Act, 2017, it seems from the record that the Tribunal has applied its mind to the ground raised by the appellants in Para 402 of the impugned order while the other ground of deduction of overdue interest qua RBI guidelines is also discussed in Para 2, 4.3 4.4. 7. The proposed substantial ..... X X X X Extracts X X X X X X X X Extracts X X X X
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