question of law
framed for decision by this court is:
Whether the ITAT was correct in law in deleting the additions
made by the Assessing ... amounts. The assessees
were aggrieved and approached the Income Tax Appellate Tribunal (ITAT).
The ITAT's Order dated 08.06.2001
4. Aggrieved by the assessment
2004 & 293/2004 Page 8 of 16
Order of the ITAT
12. Aggrieved by the above order of the CIT(A), the Revenue went ... appeal
before the ITAT. By the impugned order, the ITAT allowed the appeals filed
by the Revenue and dismissed the cross objections filed
against the consolidated order of the Income Tax
Appellate Tribunal ("ITAT") (Delhi Bench) dated 30.07.2003. The following
questions of law were framed ... both the Revenue and the
assessee filed appeals before the ITAT. In respect of the question as to
whether the deduction under Section 80HHC
posts of the Vice-President of the Income
Tax Appellate Tribunal ("ITAT"), in which both Petitioners were not
selected.
2. Briefly, the facts ... Tolani") was selected as a Judicial
Member of the ITAT on 9.2.1998 and Mr. S.K. Yadav (hereafter
"Yadav") was selected
four separate orders of the Income
Tax Appellate Tribunal (Delhi Bench) ("ITAT") for AY 2005-06 and 2006-
07. The following common question ... framed for decision by this
court:
"Did the ITAT correctly interpret Section 271(1)(c) of the
Income Tax Act, 1961 read together with
framed for the appeal are as
follows:
(1) Did the ITAT fall into error in holding that the AO's order was
not erroneous ... 2016 Page 1 of 30
(2) Did the ITAT err in deciding that dividend income was taxable
but exempt under Omani law to entitle
order dated 24th March 2004 passed by the Income Tax Appellate
Tribunal („ITAT‟) in ITA Nos. 649 & 650/Del/2002 with respect to
Financial ... agreement executed between the assessee and
Pradeep Oil Corporation, the ITAT was justified in holding that the
penalty was rightly levied upon the assessee
expenses allowed by the AO at 35%.
Impugned order of the ITAT
25. Aggrieved by the order of the CIT (A) the three Assessees went ... appeal before the ITAT which by the impugned order allowed the appeals
after coming to the following conclusion:
(i) When examined in the light
with it. The order of the CIT(A) was challenged before the ITAT, which
reversed those findings.
6. The Revenue argued that the ITAT ... Indo-Dutch DTAAs was similar, that
precedent had to be followed. The ITAT disagreed and held as follows:
"36. It is this sub-clause
March, 2003 and 8th January, 2004 of the Income Tax Appellate
Tribunal (ITAT) for Assessment Years 1994-95 and 1995-96 respectively
reads as under ... Section 2 (7) of the Interest Tax Act, 1974 (ITA). The ITAT by the
aforementioned impugned orders affirmed the orders
