- (1.) We have heard Shri Dhananjay Awasthi, learned counsel for the appellant. Shri Ashish Bansal appears for the respondent-assessee. This appeal has been preferred by the Income-tax Department under section 260A of the Income-tax Act, 1961, against the order dated May 28, 2013, passed by the Income-tax Appellate Tribunal, Lucknow, in I.T.A. No. 700/Lkw./2011 for the assessment year 2008-09.
(2.) The Department has preferred the following questions of law for consideration in this appeal: (1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal has erred in law in not appreciating the provisions of the Explanation as inserted by the Finance Act, 2010, with effect from June 1, 1976, in sub-section (2) of section 9? (2) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal erred in law in putting reliance on CBDT Circular No. 786 of 2000 : , dated February 7, 2000 See [2000] 241 ITR (St.) 132, whereas no cognizance has been taken of Board's Circular No. 7 of 2009 : , dated October 22, 2009 See [V Akilandeswari V/S Chief Commissioner of Income Tax, 2009 318 ITR 1], which clarifies the ambiguous interpretation of the provision of law and is clarificatory in nature and, therefore, is applicable retrospectively and effectively covers the case of the assessee? (3) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal erred in law in misinterpreting the provisions of section 195 read with section 9(1)(vii) read with section 40(a)(ia)? (4) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in law in ignoring the ratio of the judgment of the Hon'ble apex court in CIT v. Moser Baer India Ltd, 2009 315 ITR 460(SC) wherein it has been held that clarificatory nature of the amendment in the statute is retrospective in nature? (5) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal has erred in law in ignoring the Explanation inserted by the Finance Act, 2010, retrospectively effective from June 1, 1976, in sub-section (2) of section 9?
(3.) In the present case, the return was filed on September 27, 2008, prior to the issuance of Circular dated October 22, 2009.;