M/S Forge And Forge Private Limited v. Asst Commissioner Of Income Tax

IN THE HIGH COURT OF GUJARAT AT AHMEDABADR/TAX APPEAL NO. 847 of 2018 ====================================== M/S FORGE AND FORGE PRIVATE LIMITEDVersusASST COMMISSIONER OF INCOME TAX ====================================== Appearance: DARSHAN R PATEL(8486) for the APPELLANT(s) No. 1MRS MAUNA M BHATT(174) for the RESPONDENT(s) No. 1====================================== CORAM: HONOURABLE MR.JUSTICE M.R. SHAHandHONOURABLE MR.JUSTICE A.Y. KOGJE Date : 31/07/2018ORAL ORDER (PER : HONOURABLE MR.JUSTICE M.R. SHAH) Feeling aggrieved and dissatisfied with the impugned order passed by the learned Income Tax Appellate Tribunal, Rajkot Bench, Rajkot in ITA No.450/Rjt/2015 for the Assessment year 2012-13, assessee has preferred the present Tax Appeal with the following proposed questions of law; (1)Whether on facts and in law, the Tribunal has substantially erred in interpreting provisions of Section 14A read alongwith Rule 8D to confirm disallowance of Rs.95,058/- made by the Assessing Officer? (2)Whether on facts, the Tribunal has substantially erred in confirming disallowance of Rs.36,520/- made by the Assessing Officer under Section 40A(3) of the Income Tax Act, 1961? (3)Whether on facts and in law, the Tribunal has substantially erred in confirming disallowance of Rs.1 lakh towards travel expenses without any factual or legal justifiable basis? Having heard the learned Advocates appearing on behalf of the respective parties and keeping the question of law open to be considered in other cases between the same parties but with respect to different Assessment Years, on the smallness of the amount involved in the present Tax Appeal, present Tax Appeal is not entertained on the aforesaid ground alone and the present Tax Appeal stands dismissed on the aforesaid ground alone. (M.R. SHAH, J.) (A.Y. KOGJE, J.) siji