The Tax Publishers2020 TaxPub(DT) 3903 (Hyd-Trib)

INCOME TAX ACT, 1961

Section 254

Where appeal raised by revenue was not emanating either from AO's order or from CIT(A)'s order and counsel of revenue also admitted aforesaid fact, appeal of revenue was dismissed as not maintainable.

Appeal (Tribunal) - Maintainability - Appeal raised by revenue was not emanating either from AO's order or from CIT(A)'s order -

Revenue challenged order of CIT(A) allowing finance expenses, even though same was not incurred wholly and exclusively for purpose of business of assessee company. Revenue also challenged deletion of addition made on account of disallowance under section 14A. Held: Appeal raised by revenue was not emanating either from AO's order or from CIT(A)'s order. Counsel of revenue also admitted that said grounds were not emanating from the assessment order, as additions made by AO were under section 40(a)(ia) and 36(1)(va) and no disallowance/addition was made under section 14A. In view of same, appeal of the revenue was dismissed as not maintainable.

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2013-14



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