KALPESH SATYENDRA JHAVERI,J. - (1.) By way of this appeal, the appellant has assailed the judgment and order of the tribunal whereby the tribunal has partly allowed the appeal of the assessee for statistical purposes.
(2.) This court while admitting the appeal on 22.2.2018 framed the following substantial question of law:- i) Whether under the facts and circumstances of the case the ld. ITAT has not legally erred in holding that the interest receipt of Rs. 12,64,01,627/- in the hands of the appellant is income from other sources? ii). Whether under the facts and circumstances of the case and in law the ld. ITAT has legally erred in disallowing the mandatory CSR expenses claimed for Rs. 95,08,197/- pursuant to the terms and conditions of the environment clearance granted by Ministry of Environment and Forest?
(3.) The facts of the case are that the assessee company e-filed its return of income for A.Y. 2012-13 declaring total income of Rs. NIL which was further revised on 23.7.2013 declaring total income of Rs. 73,21,160/-. The case was selected for scrutiny under CASS and accordingly, notice under section 143(2) was issued on 23.9.2013, fixing the case for hearing on 27.9.2013. Further notice under section 142(1) alongwith questionnaire was issued on 22.9.2014 in compliance to which Sh. Nitesh Gangwal, Company Secretary Authorized representative of the assessee company appeared from time to time, furnished relevant details and the case was discussed with him.;