This is premium content. Please become a Premium member. If you are already a member, login here to access the full content.
Section 14A submission accepted by AO can not be sent back to AO for reconsideration by tribunal
Case Law Details
- Case Name
- Topstar Mercantile Pvt. Ltd Vs. ACIT (Bombay High Court)
- Courts
- All High Courts, Bombay High Court
The Bombay High Court ruled that once the taxpayer’s submissions with respect to section 14A was accepted by a tax officer, the Tribunal cannot send back the same matter for the tax officer’s re¬consideration.
Recently, the Bombay High Court in the case of Top star Mercantile Pvt. Ltd v. ACIT (2009-TIOL-458-HC-MUM-IT) has held that the Income-tax Appellate Tribunal (the Tribunal) was not justified in sending back the matter to Assessing Officer (AO) to consider the applicability of section 14A of the Income Tax Act, 1961 (Act) after applying the ratio of the decision in the case of ITO v....
