9911796707
TMI Blog2015 (2) TMI 1403X X X X Extracts X X X X X X X X Extracts X X X X ..... restored back to the file of AO. Thus respectfully following the aforementioned decision of the Tribunal in assessee s own case we restore this ground for all the years to the file of AO with similar directions and this ground for all the years is considered to be allowed for statistical purposes. MAT - calculation of book profit u/s 115JB - HELD THAT:- As decided in assessee s own case for A.Y 2008-09 [ 2014 (10) TMI 1075 - ITAT MUMBAI] issue a llowed for statistical purposes with a direction to decide it afresh as per the provisions of law after giving finding on the claim of interest thus this ground is allowed for statistical purposes. Charging of interest u/s 234A, 234B and 234C - HELD THAT:- Tribunal in the case of assessee for assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the assessee for all the years and other grounds which are marked as not pressed in each of the appeal are dismissed being not pressed. 2.1 Since the issue involved in all these appeals are common these appeals are disposed of by this consolidated order. 2.2 It may also be mentioned here that grounds which are not pressed by the assessee as well as additional grounds which are not pressed are not reproduced for the sake of brevity. The grounds of appeal which are pressed and argued read as under: Grounds of Assessee s Appeal in ITA No.4021/Mum/2011,A.Y.1999-2000: 4. The learned Commissioner of Income-tax (Appeals) has erred in law and in facts in not granting relief of liability amounting to Rs.3,27,95,923/-, towards interest expenditu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C of the I.T.Act, 1961, ignoring the legal sanctity of Law that the interest chargeable under these sections is not only consequential but is mandatory in nature. 2) On the facts and circumstances of the case and in Law, the Ld.CIT(A) was erred in holding that interest u/s.234A, 234B and 2340 of the I.T.Act, 1961 is not chargeable in the assessee s case being notified person under the Special Court (Trial of Offences relating to Transactions in Securities) Act 1992 without appreciating that the said Act has not ruled that the provisions of Sections 234A, 234B 2340 are not applicable to the notified persons or they are exempt from the liability of payment of interest under these sections of Income Tax Act, 1961 3. As it can be seen from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 009-10) and Rs.1,13,23540/ -(A.Y. 2010-11) respectively towards interest expenditure claimed by the assessee. It was contended that identical issue was decided for A.Y. 2000-01 in the case of assessee itself (ITA No.5139/M/2012) order dated 06/11/2013, wherein the issue was set aside to the file of the Id. CIT(A) for which our attention was invited to pages 1 to 3 of the paper-book. It was also pointed out that identically the issue was decided in the case of Zest Holdings Pvt. Ltd., related concerns, for A.Y. 2009-10 (ITA No.5216/M/2012) order dated 18/08/2014 for which our attention was invited to pages 4 to 6 of the paper-book. This factual matrix was not controverted by the ld. Special counsel being matter of record. 5. We have consider ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tated to be covered by the decision of the Tribunal in assessee s own case for A.Y 2008-09 in ITA No.363/Mum/2013 order dated 7/10/2014, copy of which is filed at pages 16 to 20 of the paper book. The relevant observation of the Tribunal are found in para-4 and are reproduced below: 4. The next ground pertains to confirming calculation of book profit u/s.115JB of the Act amounting to Rs.1,25,46,114/-. Since, we have remanded the aforesaid ground i.e. no.4 to the file of the Ld. CIT(A), therefore, the grievance of the assessee will depend upon the outcome of the decision to be taken with respect of aforesaid ground No.4. Consequently, this ground is consequential to the above, there is also allowed for statistical purposes with a direction t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at source. We direct accordingly, thus, this ground is allowed for statistical purposes. The ld. AO is to decide as per the provisions of the law. 6.1 Accordingly, after hearing both the parties we pass similar order with similar directions as have been given by the Tribunal in respect of assessment year 2008- 09 and for statistical purposes the appeal filed by the Revenue is considered to be allowed in the manner aforesaid. 7. In the result, since grounds which have not been pressed are dismissed, the appeals filed by the assessee are considered to be partly allowed for statistical purposes in the manner aforesaid and appeal filed by the Revenue is considered to be allowed for statistical purposes in the manner aforesaid. Order pronounced ..... X X X X Extracts X X X X X X X X Extracts X X X X
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