T.R.SOOD, N.V.VASUDEVAN
Deputy Commissioner of Income-tax 2(3) – Appellant
Versus
Tata Investment Corporation Ltd. – Respondent
N.V. Vasudevan, Judicial Member. - This is an appeal by the revenue against the order dated 8-3-2010 of CIT(A)-6, Mumbai, relating to assessment year 2006-07.The grounds of appeal of the revenue read as follows :
"On the facts and in the circumstances of the case and in law, the learned CIT(A) has erred in allowing relief to the assessee to the extent impugned in the grounds enumerated below :
1.The order of the CIT(A) is opposed to law and facts of the case.
2.On the facts and circumstances of the case and in law, the CIT(A) has erred in deleting the addition of Rs. 14,33,000 being excess dividend recovered by the assessee during the year which was not refunded to the rightful owners.
3.For these and other grounds that may be urged at the time of hearing, the decision of the CIT(A) may be set aside and that of the Assessing Officer restored."
2. The assessee is a Non-Banking Finance Company as defined by the Reserve Bank of India, under the category "investment company". In the course of its business, the assessee sold shares which it held as investments. The transfer of shares had taken place in the earlier assessment years. The transfer of names of the transferee was not recorde
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