9911796707
TMI Blog2021 (3) TMI 1471X X X X Extracts X X X X X X X X Extracts X X X X ..... baraya Aiyar Padmanabhan For Respondent: Mr.J.Narayanasamy, SSC JUDGMENT (Delivered by T.S.Sivagnanam,J) This appeal, filed by the assessee under Section 260A of the Income Tax Act, 1961, ('the Act' for brevity) is directed against the order dated 30.09.2016 made in ITA.No.591/Mds/2012 on the file of the Income Tax Appellate Tribunal, 'D' Bench, Chennai ('the Tribunal&# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er or the CIT(A) or for that matter at Tribunal and this is being raised as an alternate plea by the assessee. In fact, initially, the assessee had raised two substantial questions of law and the question on which this appeal was admitted was the 2 nd question of law. So far as the 1 st question of law was whether the Tribunal was right in law in holding that the upfront amount of Rs.5,96,80,000/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. Alps Theatre [(1967) 65 ITR 377]. 8. In the considered view of this Court, these decisions cannot be looked into at this juncture, since foundational facts, though appear to have been on record, have not been canvassed by the assessee in the right form before the Assessing Officer to enable the Assessing Officer to take a decision in the matter. Nevertheless, this Court, having been satisfied ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
