(PER : HONOURABLE MR.JUSTICE M.R. SHAH) The present Tax Appeal has been preferred by the revenue arising out of the impugned judgment and order passed by the Income Tax Appellate Tribunal dated 21/09/2012 with the following proposed substantial questions of law;
Whether the appellate tribunal is right in law and on facts in confirming deletion of disallowance of Rs.9,34,95,200/- on account of sales commission expenses under Section 37 of the Income Tax Act?
Whether the appellate tribunal is right in law and on facts in deleting disallowance under Section 14A of the Income Tax Act in respect of interest expenses incurred for investments in subsidiaries and administrative expenses such as staff salary of corporate office, audit fees, building rent and communication expenses?
Whether the appellate tribunal is right in law and on facts in deleting disallowance of deduction under Section 80IB of the Income Tax Act in respect of interest income on late recovery of sale proceed from the debtors?
Whether the appellate tribunal is right in law and on facts in deleting disallowance of deduction under Section 80IB of the Income Tax Act in respect of duty drawback income of Rs.2,66,698/-?
It appears that earlier vide order dated 03/04/2013, the present Tax Appeal came to be dismissed with respect to all the proposed questions of law. However, revenue preferred Miscellaneous Civil Application No. 149/2013 to recall the order dated 03/04/2013 only qua and with respect to proposed question no. 2 and vide order dated 20/09/2013, the Division Bench ordered to restore the present Tax Appeal to file for consideration of question no. 2. That is how the appeal is placed on board for admission hearing. It is reported that with respect to question no. 2 and in the case of the very assessee Tax Appeal No. 222/2013 has been admitted.
Hence, the present Tax Appeal is ADMITTED to consider question no. 2 reproduced hereinabove.
To be heard with Tax Appeal No. 222/2013.
(M.R.SHAH, J.) (MS SONIA GOKANI, J.) Siji Page 2 of 2