IKR LOAN TRUST, MUMBAI V. ITO 19(3)(2), MUMBAI

ITA 3622/MUM/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 8269 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 9 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: I
• Assessment Year: 2010-2011
• Appeal Filed On: 21-05-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SMT
• Assessee Lawyers: S E DASTUR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'F' BENCH, MUMBAI BEFORE SHRI JASON P. BOAZ, ACCOUNTANT MEMBER AND SHRI SANDEEP GOSAIN, JUDICIAL MEMBER ITA NO. APPELLANT RESPONDENT A.Y./PAN 5513/MUM/2014 INCOME TAX OFFICER- 19(3)(2) IRE LOAN TRUST 2007-09 AAATI5498L 5758/MUM/2014 IRE LOAN TRUST INCOME TAX OFFICER- 19(3)(2) 5511/MUM/2014 INCOME TAX OFFICER 19(3)(2) IGHCC 2 LOAN TRUST 2007-08 AAATI5212Q 5742/MUM/2014 IGHCC 2 LOAN TRUST INCOME TAX OFFICER 19(3)(2) 5512/MUM/2014 INCOME TAX OFFICER 19(3)(2) IGHCC LOAN TRUST 2007-08 AAATI5039H 5741/MUM/2014 IGHCC LOAN TRUST INCOME TAX OFFICER 19(3)(2) 5510/MUM/2014 INCOME TAX OFFICER 19(3)(2) IGHCC 3 LOAN TRUST 2007-08 AAATI5213R 5740/MUM/2014 IGHCC 3 LOAN TRUST INCOME TAX OFFICER 19(3)(2) 5517/MUM/2014 INCOME TAX OFFICER 19(3)(2) KGE LOAN TRUST 2007-08 AABTK1391D 5737/MUM/2014 KGE LOAN TRUST INCOME TAX OFFICER 19(3)(2) 5516/MUM/2014 INCOME TAX OFFICER 19(3)(2) LONG BOND RECEIVABLES TRUST 2006 SERIES III 2007-08 AAATL5420F 5739/MUM/2014 LONG BOND RECEIVABLES TRUST 2006 SERIES III INCOME TAX OFFICER 19(3)(2) 5515/MUM/2014 INCOME TAX OFFICER 19(3)(2) IPGE LOAN TRUST 2007-08 AAATI5595A 5759/MUM/2014 IPGE LOAN TRUST INCOME TAX OFFICER 19(3)(2) 5761/MUM/2014 KJS LOAN TRUST INCOME TAX OFFICER 19(3)(2) 2007-08 AABTK1729R 5760/MUM/2014 LONG BOND RECEIVABLES TRUST 2007 SERIES V INCOME TAX OFFICER- 19(3)(2) 2007-08 AAATL5666R ITA 5513&5758/MUM/2014 & OTHERS IRE LOAN TRUST 2 5514/MUM/2014 INCOME TAX OFFICER 19(3)(2) LONG BOND RECEIVABLES TRUST 2006 SERIES IV 2007-08 AAATL5556A 5762/MUM/2014 LONG BOND RECEIVABLES TRUST 2006 SERIES IV INCOME TAX OFFICER 19(3)(2) 1140/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIA COMMERCIAL LOAN TURST SERIES-II 2008 2009-10 AAATI6347L 1440/MUM/2014 INDIA COMMERCIAL LOAN TRUST SERIES II 2008 INCOME TAX OFFICER- 19(3)(2) 2721/MUM/2014 INCOME TAX OFFICER 19(3)(2) LONG BOND RECEIVABLE TRUST 2007 SERIES V 2009-10 AAATL5666R 3626/MUM/2014 LONG BOND RECEIVABLE TRUST 2007 SERIES V INCOME TAX OFFICER 19(3)(2) 2720/MUM/2014 INCOME TAX OFFICER 19(3)(2) LONG BOND RECEIVABLE TRUST 2006 SERIES IV 2009-10 AAATL5557A 3069/MUM/2014 LONG BOND RECEIVABLE TRUST 2006 SERIES IV INCOME TAX OFFICER 19(3)(2) 1141/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIA COMMERCIAL LOAN TURST SERIES-III 2008 2009-10 AAATI6346M 1441/MUM/2014 INDIA COMMERCIAL LOAN TRUST SERIES III 2008 INCOME TAX OFFICER- 19(3)(2) 464/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITIZATION TRUST 2008 SERIES-13 2009-10 AAATI6926K 1186/MUM/2014 INDIAN CORPORATE LOAN SECURITIZATOIN TRUST 2008 SERIES 13 INCOME TAX OFFICER- 19(3)(2) 4341/MUM/2013 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 22 2009-10 AAATI6924M 4040/MUM/2013 INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 22 INCOME TAX OFFICER- 19(3)(2) 465/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITIZATOIN TRUST 2008 SERIES LXI 2009-10 AAATI7007H 1190/MUM/2014 INDIAN CORPORATE LOAN SECURITIZATOIN TRUST 2008 SERIES LXI INCOME TAX OFFICER- 19(3)(2) ITA 5513&5758/MUM/2014 & OTHERS IRE LOAN TRUST 3 3330/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 37 2010-11 AAATI7009K 3618/MUM/2014 ICLS TRUST 2008 SERIES 37 INCOME TAX OFFICER- 19(3)(2) 2719/MUM/2014 INCOME TAX OFFICER 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES LVI 2010-11 AAATI6748P 3616/MUM/2014 INDIAN CORPORTE LOAN SECURITIZATION TRUST 2008, SERIES LVI INCOME TAX OFFICER- 19(3)(2) 3332/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES VII 2010-11 AAATI6919A 3614/MUM/2014 INDIAN CORPORTE LOAN SECURITIZATION TRUST 2008, SERIES VII INCOME TAX OFFICER- 19(3)(2) 3930/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES LX 2010-11 AAATI6971Q 3775/MUM/2014 INDIAN CORPORATE SECURITISATION LOAN TRUST 20 SERIES LX INCOME TAX OFFICER- 19(3)(2) 3926/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 12 2010-11 AAATI7011D 3694/MUM/2014 INDIAN CORPORATE LOAN SECURITISATION TRUST SERIES 12 INCOME TAX OFFICER- 19(3)(2) 3928/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008SERIES 23 2010-11 AAATI6934K 3696/MUM/2014 INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 23 INCOME TAX OFFICER- 19(3)(2) 3929/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 28 2010-11 AAATI6704K 3698/MUM/2014 INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 28 INCOME TAX OFFICER- 19(3)(2) ITA 5513&5758/MUM/2014 & OTHERS IRE LOAN TRUST 4 3744/MUM/2014 INCOME TAX OFFICER- 19(3(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 25 2010-11 AAATI6931N 3697/MUM/2014 INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 25 INCOME TAX OFFICER- 19(3)(2) 3925/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES VIII 2010-11 AAATI7008J 3774/MUM/2014 INDIAN CORPORATE LOAN SECURITISATION TRUST SERIES VIII INCOME TAX OFFICER- 19(3)(2) 3335/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 18 2010-11 AAATI6933Q 3617/MUM/2014 INDIAN CORPORTE LOAN SECURITIZATION TRUST 2008, SERIES 18 INCOME TAX OFFICER- 19(3)(2) 5275/MUM/2014 INCOME TAX OFFICER 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES IX 2010-11 AAATI6921Q 5719/MUM/2014 INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES IX INCOME TAX OFFICER 19(3)(2) 3934/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIA COMMERCIAL LOAN TRUST SERIES VII 2008 AAATI6749N 4104/MUM/2014 INDIAN COMMERCIAL LOAN TRUST SERIES VII 2008 INCOME TAX OFFICER- 19(3)(2) AAATI6749N 3731/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIAN COMMERICAL LOAN TRUST SERIES IX 2008 2010-11 AAATI6913L 3776/MUM/2014 INDIAN COMMERCIAL LOAN TRUST SERIES IX 2008 INCOME TAX OFFICER- 19(3)(2) 3743/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIA COMMERCIAL LOAN TRUST SERIES I-2009 2010-11 AAATI7906B 3777/MUM/2014 INDIA COMMERCIAL LOAN TRUST SERIES I 2009 INCOME TAX OFFICER- 19(3)(2) 2724/MUM/2014 INCOME TAX OFFICER 19(3)(2) IBH LOAN TRUST 2010-11 AAATI6599J 3623/MUM/2014 IBH LOAN TRUST INCOME TAX OFFICER 19(3)(2) ITA 5513&5758/MUM/2014 & OTHERS IRE LOAN TRUST 5 3948/MUM/2014 INCOME TAX OFFICER 19(3)(2) KSE LOAN TRUST 2010-11 AABTK3186G 3704/MUM/2014 KSE LOAN TRUST INCOME TAX OFFICER 19(3)(2) 3945/MUM/2014 INCOME TAX OFFICER- 19(3)(2) IPL LOAN TRUST 2010-11 AAATI6573Q 3771/MUM/2014 IPL LOAN TRUST INCOME TAX OFFICER 19(3)(2) 3741/MUM/2014 INCOME TAX OFFICER 19(3)(2) KEC LOAN TRUST 2010-11 AABTK2892B 3773/MUM/2014 KEC LOAN TRUST INCOME TAX OFFICER 19(3)(2) 3944/MUM/2014 INCOME TAX OFFICER- 19(3)(2) IOP LOAN TRUST 2010-11 AAATI6597G 3772/MUM/2014 IOP LOAN TRUST INCOME TAX OFFICER 19(3)(2) 5454/MUM/2014 INCOME TAX OFFICER 19(3)(3) PFL LOAN TRUST 2010-11 AABTP4902D 5720/MUM/2014 PFL LOAN TRUST INCOME TAX OFFICER 19(3)(3) 3733/MUM/2014 INCOME TAX OFFICER 19(3)(2) LONG BOND RECEIVABLE TRUST 2007 SERIES V 2010-11 AAATL5666R 4103/MUM/2014 LONG BOND RECEIVABLE TRUST 2006 SERIES V INCOME TAX OFFICER- 19(3)(2) 3732/MUM/2014 INCOME TAX OFFICER 19(3)(2) LONG BOND RECEIVABLE TRUST 2006 SERIES IV 2010-11 AAATL5556A 4102/MUM/2014 LONG BOND RECEIVABLE TRUST 2006 SERIES IV INCOME TAX OFFICER- 19(3)(2) 2723/MUM/2014 INCOME TAX OFFICER 19(3)(2) INDIAN LOAN RECEIVABLE TRUST FEBRUARY 2008 2010-11 AAATI6493F 3611/MUM/2014 INDIAN LOAN RECEIVABLE TRUST FEBRUARY 2008 INCOME TAX OFFICER- 19(3)(2) 5272/MUM/2014 INCOME TAX OFFICER 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 13 2010-11 AAATI6926K 5725/MUM/2014 INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 13 INCOME TAX OFFICER 19(3)(2) ITA 5513&5758/MUM/2014 & OTHERS IRE LOAN TRUST 6 3736/MUM/2014 INCOME TAX OFFICER 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 22 2010-11 AAATI6924M 3695/MUM/2014 INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 22 INCOME TAX OFFICER- 19(3)(2) 3334/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES LXI 2010-11 AAATI7007H 3620/MUM/2014 INDIAN CORPORTE LOAN SECURITIZATION TRUST 2008, SERIES LXI INCOME TAX OFFICER- 19(3)(2) 5271/MUM/2014 INCOME TAX OFFICER 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES XLVII 2010-11 AAATI6930P 5726/MUM/2014 INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES XLVII INCOME TAX OFFICER 19(3)(2) 2717/MUM/2014 INCOME TAX OFFICER 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 20 2010-11 AAATI6920R 3612/MUM/2014 INDIAN CORPORTE LOAN SECURITIZATION TRUST 2008, SERIES 20 INCOME TAX OFFICER- 19(3)(2) 5273/MUM/2014 INCOME TAX OFFICER 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 24 2010-11 AAATI6932R 5723/MUM/2014 INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 24 INCOME TAX OFFICER 19(3)(2) 3333/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 27 2010-11 AAATI6710R 3615/MUM/2014 INDIAN CORPORTE LOAN SECURITIZATION TRUST 2008, SERIES 27 INCOME TAX OFFICER- 19(3)(2) 3336/MUM/2014 INCOME TAX OFFICER- 19(3)(2) ICLS TRUST 2008 SERIES XLI 2010-11 AAATI6923N 3619/MUM/2014 ICLS TRUST 2008, SERIES XLI INCOME TAX OFFICER- 19(3)(2) ITA 5513&5758/MUM/2014 & OTHERS IRE LOAN TRUST 7 3742/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 33 2010-11 AAATI6916B 3699/MUM/2014 INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 33 INCOME TAX OFFICER- 19(3)(2) 3927/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008SERIES XI 2010-11 AAATI7010C 3693/MUM/2014 INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES XI INCOME TAX OFFICER- 19(3)(2) 2718/MUM/2014 INCOME TAX OFFICER 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 40 2010-11 AAATI6784R 3607/MUM/2014 INDIAN CORPORTAE LOAN SECURITISATION TRUST SERIES-40 INCOME TAX OFFICER- 19(3)(2) 3331/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 39 2010-11 AAATI6790F 3613/MUM/2014 INDIAN CORPORTE LOAN SECURITIZATION TRUST 2008, SERIES 39 INCOME TAX OFFICER- 19(3)(2) 3745/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 38 2010-11 AAATI6928H 3700/MUM/2014 INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 38 INCOME TAX OFFICER 19(3)(2) 3935/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIA C OMMERCIAL LOAN TRUST SERIES VIII 2008 2010-11 AAATI6912M 3951/MUM/2014 INDIAN COMMERCIAL LOAN TRUST SERIESVIII 2008 INCOME TAX OFFICER- 19(3)(2) 3946/MUM/2014 INCOME TAX OFFICER- 19(3)(2) IEL LOAN TRUST 2010-11 AAATI6596H 3703/MUM/2014 IEL LOAN TRUST INCOME TAX OFFICER 19(3)(2) 2726/MUM/2014 INCOME TAX OFFICER 19(3)(2) KBA LOAN TRUST 2010-11 AABTK2888F 3621/MUM/2014 KBA LOAN TRUST INCOME TAX OFFICER 19(3)(2) ITA 5513&5758/MUM/2014 & OTHERS IRE LOAN TRUST 8 5455/MUM/2014 INCOME TAX OFFICER 19(3)(3) PSE LOAN TRUST 2010-11 AABTP4903C 5718/MUM/2014 PSE LOAN TRUST INCOME TAX OFFICER 19(3)(3) 5715/MUM/2014 ISH LOAN TRUST INCOME TAX OFFICER 19(3)(2) 2010-11 AAATI6569C 2725/MUM/2014 INCOME TAX OFFICER 19(3)(2) IKR LOAN TRUST 2010-11 AAATI6574L 3622/MUM/2014 IKR LOAN TRUST INCOME TAX OFFICER 19(3)(2) 3178/MUM/2014 INCOME TAX OFFICER 19(3)(3) PES LOAN TRUST 2009-10 AABTP5019M 3624/MUM/2014 PES LOAN TRUST INCOME TAX OFFICER 19(3)(2) 5453/MUM/2014 INCOME TAX OFFICER 19(3)(3) PES LOAN TRUST 2010-11 AABTP5019M 5716/MUM/2014 PES LOAN TRUST INCOME TAX OFFICER 19(3)(3) 471/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIAN LOAN RECEIVABLE TRUST FEBRUARY 2008 2009-10 AAATI6493F 1188/MUM/2014 INDIAN LOAN RECEIVABLE TRUST FEBRUARY 2008 INCOME TAX OFFICER- 19(3)(2) 4339/MUM/2013 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 9 2009-10 AAATI6932R 3988/MUM/2013 INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 9 INCOME TAX OFFICER- 19(3)(2) 4333/MUM/2013 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 37 2009-10 AAATI7009K 4041/MUM/2013 INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 37 INCOME TAX OFFICER- 19(3)(2) 467/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITIZATOIN TRUST 2008 SERIES LVI 2009-10 AAATI6784P 1182/MUM/2014 INDIAN CORPORATE LOAN SECURITIZATOIN TRUST 2008 SERIES LVI INCOME TAX OFFICER- 19(3)(2) ITA 5513&5758/MUM/2014 & OTHERS IRE LOAN TRUST 9 4342/MUM/2013 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES VII 2009-10 AAATI6919A 4038/MUM/2013 INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES VII INCOME TAX OFFICER- 19(3)(2) 4335/MUM/2013 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 18 2009-10 AAATI6933Q 4036/MUM/2013 INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 18 INCOME TAX OFFICER- 19(3)(2) 4946/MUM/2013 INCOME TAX OFFICER 19(3)(2) IML LOAN TRUST 2009-10 AAATI6595E 4785/MUM/2013 IML LOAN TRUST INCOME TAX OFFICER 19(3)(2) 4945/MUM/2013 INCOME TAX OFFICER 19(3)(2) IWH LOAN TRUST 2009-10 AAATI6707L 4783/MUM/2013 IWH LOAN TRUST INCOME TAX OFFICER 19(3)(2) 1621/MUM/2014 INCOME TAX OFFICER- 19(3)(2) IBH LOAN TRUST 2009-10 AAATI6799J 1443/MUM/2014 IBH LOAN TRUST INCOME TAX OFFICER 19(3)(2) 2727/MUM/2014 INCOME TAX OFFICER 19(3)(2) KUL LOAN TRUST 2009-10 AABTK2887L 3608/MUM/2014 KUL LOAN TRUST INCOME TAX OFFICER 19(3)(2) 944/MUM/2014 INCOME TAX OFFICER 19(3)(2) KSE LOAN TRUST 2009-10 AABATK3186 1444/MUM/2014 KSE LOAN TRUST INCOME TAX OFFICER 19(3)(2) 4781/MUM/2013 INCOME TAX OFFICER 19(3)(3) PFL LOAN TRUST 2009-10 AABTP4902D 4784/MUM/2013 PFL LOAN TRUST INCOME TAX OFFICER 19(3)(3) 4093/MUM/2014 KAG LOAN TRUST INCOME TAX OFFICER 19(3)(2) 2009-10 AABTP3092R 4338/MUM/2013 INCOME TAX OFFICER- 19(3)(2) ICLS TRUST 2008 SERIES VI 2009-10 AAATI6822Q 4034/MUM/2013 ICLS TRUST 2008 SERIES VI INCOME TAX OFFICER- 19(3)(2) ITA 5513&5758/MUM/2014 & OTHERS IRE LOAN TRUST 10 541/MUM/2014 INCOME TAX OFFICER- 19(3)(2) ICLS TRUST 2008 SERIES III 2009-10 AAATI6824J 1189/MUM/2014 INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES III INCOME TAX OFFICER- 19(3)(2) 4340/MUM/2013 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES II 2009-10 AAATI6823R 4039/MUM/2013 INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES II INCOME TAX OFFICER- 19(3)(2) 472/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIAN LOAN RECEIVABLE TRUST MAY 2008 2009-10 AAATI6570P 1191/MUM/2014 INDIALOAN RECEIVABLE TRUST MAY 2008 INCOME TAX OFFICER 19(3)(2) 447/MUM/2014 INCOME TAX OFFICER- 19(3)(2) LOAN RECEIVABLE TRUST APRIL 2008 2009-10 AAATI6480D 1187/MUM/2014 LOANS RECEIVABLE TRUST APRIL 2008 INCOME TAX OFFICER- 19(3)(2) 3735/MUM/2014 INCOME TAX OFFICER 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES LXII 2009-10 AAATI6929G 4096/MUM/2014 ICLS TRUST 2008 SERIES LXII INCOME TAX OFFICER- 19(3)(2) 466/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITIZATOIN TRUST 2008 SERIES XLVII 2009-10 AAATI6930P 1183/MUM/2014 INDIAN CORPORATE LOAN SECURITIZATOIN TRUST 2008 SERIES XLVII INCOME TAX OFFICER- 19(3)(2) 4337/MUM/2013 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 20 2009-10 AAATI6920R 4035/MUM/2013 INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 20 INCOME TAX OFFICER- 19(3)(2) 4334/MUM/2013 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 24 2009-10 AAATI6932R 4037/MUM/2013 INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 24 INCOME TAX OFFICER- 19(3)(2) ITA 5513&5758/MUM/2014 & OTHERS IRE LOAN TRUST 11 4336/MUM/2013 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 27 2009-10 AAATI6710R 3987/MUM/2013 INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 27 INCOME TAX OFFICER- 19(3)(2) 943/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES XLI 2009-10 AAATI6923N 1437/MUM/2014 INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES XLI INCOME TAX OFFICER- 19(3)(2) 4943/MUM/2013 INCOME TAX OFFICER 19(3)(2) IEL LOAN TRUST 2009-10 AAATI6596H 4781/MUM/2013 IEL LOAN TRUST INCOME TAX OFFICER 19(3)(2) 4947/MUM/2013 INCOME TAX OFFICER 19(3)(2) KBA LOAN TRUST 2009-10 AABTK2888F 4786/MUM/2013 KBA LOAN TRUST INCOME TAX OFFICER 19(3)(2) 4066/MUM/2014 INCOME TAX OFFICER 19(3)(3) PSE LOAN TRUST 2009-10 AABTP4903C 4092/MUM/2014 PSE LOAN TRUST INCOME TAX OFFICER 19(3)(3) 4944/MUM/2013 INCOME TAX OFFICER 19(3)(2) IKR LOAN TRUST 2009-10 AAATI6574K 4782/MUM/2013 IKR LOAN TRUST INCOME TAX OFFICER 19(3)(2) 468/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITIZATOIN TRUST 2008 SERIES 33 2009-10 AAATI6918B 1184/MUM/2014 INDIAN CORPORATE LOAN SECURITIZATOIN TRUST 2008 SERIES 33 INCOME TAX OFFICER- 19(3)(2) 3734/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES XI 2009-10 AAATI7010C 4091/MUM/2014 INDIAN CORPORATE LOANSECURITISATION TRUST 2008 SERIES XI INCOME TAX OFFICER- 19(3)(2) 942/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 40 2009-10 ITA 5513&5758/MUM/2014 & OTHERS IRE LOAN TRUST 12 1438/MUM/2014 INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 40 INCOME TAX OFFICER- 19(3)(2) AAATI6784R 542/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 39 2009-10 AAATI6790F 1185/MUM/2014 INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES 39 INCOME TAX OFFICER- 19(3)(2) 3746/MUM/2014 INCOME TAX OFFICER 19(3)(2) LONG BOND RECEIVABLE TRUST 2006 SERIES III 2010-11 AAATL5420F 4101/MUM/2014 LONG BOND RECEIVABLE TRUST 2006 SERIES III INCOME TAX OFFICER- 19(3)(2) 3939/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIA STRUCTURAL ASSET TRUST SERIES VII 2010-11 AAATI6915N 3780/MUM/2014 INDIA STRUCTUR ED ASSET TRUST SERIES VII INCOME TAX OFFICER- 19(3)(2) 5979/MUM/2014 INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES III INCOME TAX OFFICER 19(3)(2) 2010-11 AAATI6824J 5980/MUM/2014 INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES VI INCOME TAX OFFICER 19(3)(2) 2010-11 AAATI6822Q 5724/MUM/2014 INCOME TAX OFFICER 19(3)(2) ICLS TRUST 2008 SERIES II 2010-11 AAATI6347L 5717/MUM/2014 INDIAN CORPORATE LOAN SECURITISATION TRUST 2008 SERIES II INCOME TAX OFFICER 19(3)(2) 3747/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIA COMMERCIAL LOAN TRUST SERIES -II 2010 2010-11 AAATI7695F 3778/MUM/2014 INDIAN COMMERCIAL LOAN TRUST SERIES II 2010 INCOME TAX OFFICER- 19(3)(2) 3933/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIA COMMERCIAL LOAN TRUST SERIES VI 2009 2010-11 AAATI7603M 3953/MUM/2014 INDIAN COMMERCIAL LOAN TRUST SERIES VI 2009 INCOME TAX OFFICER- 19(3)(2) 3954/MUM/2014 INDIAN COMMERCIAL LOAN TRUST SERIES III 2010 INCOME TAX OFFICER- 19(3)(2) 2010-11 ITA 5513&5758/MUM/2014 & OTHERS IRE LOAN TRUST 13 3931/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIA COMMERCIAL LOAN TRUST SERIES III 2009 2010-11 AAATI7698J 3739/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIA COMMERCIAL LOAN TRUST SERIES II 2009 2010-11 AAATI7438N 3701/MUM/2014 INDIAN COMMERCIAL LOAN TRUST SERIES II 2009 INCOME TAX OFFICER- 19(3)(2) 3932/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIA COMMERCIAL LOAN TRUST SERIES IV 2009 2010-11 AAATI7464E 3952/MUM/2014 INDIAN COMMERCIAL LOAN TRUST SERIES IV 2009 INCOME TAX OFFICER- 19(3)(2) 3947/MUM/2014 INCOME TAX OFFICER 19(3)(2) KAG LOAN TRUST 2010-11 AABTK3092R 3956/MUM/2014 KAG LOAN TRUST INCOME TAX OFFICER 19(3)(2) 3941/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIAN LOAN RECEIVABLE TRUST APRIL II - 2009 2010-11 AAATI7908R 3779/MUM/2014 INDIAN LOAN RECEIVABLE TRUST APRIL II 2009 INCOME TAX OFFICER- 19(3)(2) 3738/MUM/2014 INCOME TAX OFFICER 19(3)(2) INDIA COMMERCIAL LOAN TRUST SERIES V 2009 2010-11 AAATI7907A 3702/MUM/2014 ICL TRUST SERIES V 2009 INCOME TAX OFFICER- 19(3)(2) 3180/MUM/2014 INCOME TAX OFFICER- 19(4)(2) BOND RECEIVABLE TRUST 2006 SERIES I 2009-10 AABTB0670J 3625/MUM/2014 BOND RECEIVABLE TRUST 2006 SERIES I INCOME TAX OFFICER- 19(4)(2) 5576/MUM/2014 INCOME TAX OFFICER 19(3)(2) BOND RECEIVABLE TRUST 2006 SERIES I 2010-11 5721/MUM/2014 BOND RECEIVABLE TRUST 2006 SERIES I INCOME TAX OFFICER- 19(3)(2) AABTB0670J 3940/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIA STRUCTURAL ASSET TRUST SERIES XI 2010-11 AAATI7291R 4097/MUM/2014 INDIA STRUCTURED ASSET TRUST SERIES XI INCOME TAX OFFICER 19(3)(2) 4111/MUM/2014 INCOME TAX OFFICER 19(3)(2) SME RETAIL POOL IV TRUST 2010-11 AAHTS4971R 4100/MUM/2014 SME RETAIL POOL IV TRUST INCOME TAX OFFICER 19(3)(2) ITA 5513&5758/MUM/2014 & OTHERS IRE LOAN TRUST 14 3737/MUM/2014 INCOME TAX OFFICER 19(3)(2) INDIA STRUCTURED ASSET TRUST SERIES V 2009-10 AAATI6917Q 4094/MUM/2014 INDIAN STRUCTURAL ASSET TRUST SERIES V INCOME TAX OFFICER- 19(3)(2) 1142/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIA STRUCTURAL ASSET TURST SERIES-VIII 2009-10 AAATI6916R 1442/MUM/2014 INDIA STRUCTURAL ASSET TURST SERIES- VIII INCOME TAX OFFICER- 19(3)(2) 1139/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIA STRUCTURED ASSET TRUST SERIES-III 2009-10 AAATI6792H 1439/MUM/2014 INDIA STRUCTURED ASSET TRUST SERIES-III INCOME TAX OFFICER- 19(3)(2) 4948/MUM/2013 INCOME TAX OFFICER- 19(3)(2) INDIA STRUCTURED ASSET TRUST SERIES IV 2009-10 AAATI6783J 5067/MUM/2013 INDIA STRUCTURED ASSET TRUST SERIES IV INCOME TAX OFFICER- 19(3)(2) 1138/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIA STRUCTURED ASSET TRUST SERIES-II 2009-10 AAATI6793G 1436/MUM/2014 INDIA STRUCTURED ASSET TRUST SERIES-II INCOME TAX OFFICER- 19(3)(2) 5577/MUM/2014 INCOME TAX OFFICER 19(3)(2) BOND RECEIVABLE TRUST 2006 SERIES II 2010-11 AABTB0669H 5722/MUM/2014 BOND RECEIVABLE TRUST 2006 SERIES II INCOME TAX OFFICER- 19(3)(1) 4113/MUM/2014 INCOME TAX OFFICER 19(3)(2) SME RETAILS POOL II TRUST 2009-10 AAHTS4356C 4095/MUM/2014 SME RETAILS POOL II TRUST INCOME TAX OFFICER- 19(3)(4) 2722/MUM/2014 INCOME TAX OFFICER 19(3)(2) INDIAN LOAN RECEIVABLE TRUST MAY 2008 2010-11 AAATI6570P 3610/MUM/2014 INDIAN LOAN RECEIVABLE TRUST MAY 2008 INCOME TAX OFFICER- 19(3)(2) 3938/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIA STRUCTURAL ASSET TRUST SERIES 6 2010-11 AAATI6911J 3955/MUM/2014 INDIA STRUCTURED ASSET TRUST SERIES-6 INCOME TAX OFFICER- 19(3)(2) 3937/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIA STRUCTURED ASSET TRUST SERIES III 2010-11 AAATI6792H 3962/MUM/2014 INDIA STRUCTURED ASSET TRUST SERIES-III INCOME TAX OFFICER- 19(3)(2) ITA 5513&5758/MUM/2014 & OTHERS IRE LOAN TRUST 15 3936/MUM/2014 INCOME TAX OFFICER- 19(3)(2) INDIA STRUCTURED ASSET TRUST SERIES II 2010-11 AAATI6793G 3691/MUM/2014 INDIA STRUCTURED ASSET TRUST SERIES II INCOME TAX OFFICER- 19(3)(2) 5270/MUM/2014 INCOME TAX OFFICER 19(3)(2) INDIA STRUCTURED ASSET TRUST SERIES IV 2010-11 AAATI6783J 5274/MUM/2014 INDIA STRUCTURED ASSET TRUST SERIES IV INCOME TAX OFFICER 19(3)(2 4112/MUM/2014 INCOME TAX OFFICER 19(3)(2) SME RETAILS POOL II TRUST 2010-11 AAHTS4356C 4099/MUM/2014 SME RETAILS POOL II TRUST INCOME TAX OFFICER 19(3)(2) 4114/MUM/2014 INCOME TAX OFFICER 19(3)(2) SME LOAN RECEIVABLES TRUST AUGUST 2007 2010-11 AAITS3969E 4098/MUM/2014 SME LOAN RECEIVABLES TRUST AUGUST 2007 INCOME TAX OFFICER 9(30(2) 7677/MUM/2013 KES LOAN TRUST INCOME TAX OFFICER 19(3)(4) 2008-09 AABTK2334E 1611/MUM/2013 ITBL LOAN TRUST INCOME TAX OFFICER- 19(3)(2) 2009-10 AAATI6745A 3942/MUM/2014 INCOME TAX OFFICER- 19(3)(2) ITBL LOAN TRUST 2010-11 AAATI6745A 4089/MUM/2014 ITBL LOAN TRUST INCOME TAX OFFICER- 19(3)(2) 3943/MUM/2014 INCOME TAX OFFICER- 19(3)(2) ITCCL LOAN TRUST 2010-11 AAATI6709E 4088/MUM/2014 ITCCL LOAN TRUST INCOME TAX OFFICER- 19(3)(2) ASSESSEE BY: SHRI S.E. DASTUR & SHRI MADHUR AGARWAL REVENUE BY: SMT. S. PANDYA DATE OF HEARING: 15.12.2016 DATE OF PRONOUNCEMENT: 22.02.2017 O R D E R PER BENCH THESE ARE A BUNCH OF 248 APPEALS, 128 BY VARIOUS AS SESSEES AND 120 BY REVENUE, MOST OF WHICH ARE CROSS APPEALS, DIRECT ED AGAINST THE ORDERS ITA 5513&5758/MUM/2014 & OTHERS IRE LOAN TRUST 16 PASSED BY THEIR RESPECTIVE CIT(APPEALS) FOR RELEVAN T ASSESSMENT YEARS 2007-08 TO 2010-11 AS INDICATED IN THE LIST OF CASE S (SUPRA). 2. IN ALL THESE CASES IT IS NOT IN DISPUTE THAT THE FA CTS AND CIRCUMSTANCES AND ISSUES INVOLVED HAVE BEEN EXAMINE D AND BROUGHT OUT BY THE RESPECTIVE ASSESSING OFFICERS (AO) IN THE OR DERS OF ASSESSMENT THAT WERE PASSED. ON APPEALS FILED BY THE ASSESSEE, THE LEARNED CIT(APPEALS) CONCERNED HAVE RENDERED FINDINGS THAT, AFTER CONSID ERING THE FACTS AND LEGAL ISSUES INVOLVED IN THESE APPEALS, THEY ARE FO UND TO BE SIMILAR/ IDENTICAL TO THOSE THAT HAVE BEEN DULY CONSIDERED I N THE GROUP OF SECURITISATION CASES OF IL&FS TRUST CO. LTD., I.E. CASE OF INDIAN CORPORATE LOAN SECURITISATION TRUST -2008, SERIES-14 FOR A.Y. 2009-10. THE RESPECTIVE CIT(APPEALS) ALSO WENT ON TO HOLD THAT T HERE BEING NO CHANGE OF BASIC FACTS ON THE ISSUES INVOLVED IN DIFFERENT ASS ESSMENT YEARS, THE FINDINGS RENDERED FOR A.Y. 2009-10 WOULD ALSO BE AP PLICABLE FOR THE OTHER ASSESSMENT YEARS INVOLVED. 3. BEFORE US, BOTH THE LEARNED SENIOR COUNSEL FOR THE ASSESSEE AND THE LEARNED CIT-DR FOR REVENUE, AFTER DUE VERIFICATION AGREED THAT THE ISSUES RAISED IN THE GROUNDS OF APPEAL IN THESE APPEALS AR E IDENTICAL TO THOSE RAISED IN THE LEAD MATTER, I.E. THE CROSS APPEALS I N THE CASE OF INDIAN CORPORATE LOAN SECURITIZATION TRUST 2008 SERIES - 14 IN ITA NOS. 3986 & 4343/MUM/2013 OF IL&FS TRUST CO. LTD. GROUP OF CASE S AND THEREFORE THE FINDINGS RENDERED BY THE COORDINATE BENCH ON THE VA RIOUS ISSUES IN THE CROSS APPEALS IN THE LEAD CASE WOULD BE APPLICABLE TO ALL THESE APPEALS. 4.1 IN THE COURSE OF HEARINGS THE LEARNED SENIOR CO UNSEL FOR THE ASSESSEE SUBMITTED THAT; EXCEPT IN ASSESSEES APPEAL IN KES LOAN TRUST (ITA NO. 7677/MUM/2013 FOR A.Y. 2008-09); WHEREVER THE OTHER ASSESSEES HAVE RAISED ADDITIONAL GROUNDS OF APPEALS IN THEIR APPEA LS THE SAME ARE NOT BEING PRESSED BY THE CONCERNED ASSESSEES. SUCH ADDI TIONAL GROUNDS ARE, INTER ALIA, IN RESPECT OF: (I) RETROSPECTIVITY OF AMENDMENT BY FINANCE ACT, 20 13 INSERTING SECTION 10(23DA) OF THE ACT AND CHAPTER XII EA FOR TAXATION OF SECURITIZATION TRUSTS; ITA 5513&5758/MUM/2014 & OTHERS IRE LOAN TRUST 17 (II) ALLOWANCE OF LOSS; AND (III) ANY OTHER ADDITIONAL GROUND RAISED. IN EFFECT ALL ADDITIONAL GROUNDS RAISED BY THE ASSE SSEES, OTHER THAN IN THE CASE OF KES LOAN TRUST (SUPRA), ARE NOT BEING PRESS ED IN THESE APPEALS PREFERRED BY THE ASSESSEE. IN THAT VIEW OF THE MATT ER, SINCE THE ADDITIONAL GROUNDS RAISED BY THESE ASSESSEES IN THE OTHER 128 APPEALS ARE NOT PRESSED, THEY ARE RENDERED INFRUCTUOUS AND WE ACCOR DINGLY DISMISS THE ADDITIONAL GROUNDS RAISED. 5.1 REVENUE HAS ALSO PREFERRED ADDITIONAL GROUNDS I N SOME OF THEIR 107 APPEALS/CASES WHICH ARE ALMOST IDENTICAL TO THE CON SOLIDATED GROUNDS 1, 2, 3 AND 4 RAISED BY IT IN ITA NO. 4343/MUM/2013 IN TH E LEAD CASE INDIAN CORPORATE LOAN SECURITIZATION TRUST 2008, SERIES 14 FOR A.Y. 2009-10. IT IS PRAYED BY THE LEARNED CIT-DR THAT THE SAME BE AD MITTED FOR HEARING AS THEY GO TO THE VERY ROOT OF THE MATTER AND IN THIS REGARD HAVE RELIED ON THE DECISION OF THE HON'BLE APEX COURT IN THE CASE OF N ATIONAL THERMAL POWER CORPORATION (229 ITR 383) (SC). 5.2 THE ASSESSEE KES LOAN TRUST IN ITS APPEAL IN IT A NO. 7677/MUM/2013 FOR A.Y. 2008-09 HAS RAISED AN ADDITI ONAL GROUND NO. 5 CLAIMING DEDUCTION OF PAYMENT TO PTC HOLDERS AS EXP ENSES WHICH WAS NOT RAISED BEFORE THE CIT(A) INADVERTENTLY. IT IS PRAYE D THAT THE SAME BE ADMITTED FOR CONSIDERATION AS IT GOES TO THE ROOT O F THE MATTER IN THE ISSUE INVOLVED IN THESE APPEALS AND IN THIS REGARD HAVE R ELIED ON THE DECISION OF THE HON'BLE APEX COURT IN THE CASE OF NATIONAL THER MAL POWER CORPORATION (SUPRA). 5.3 THE LEARNED SENIOR COUNSEL FOR THE ASSESSEE STR ONGLY OBJECTED TO THE ADMISSION OF THE ADDITIONAL GROUNDS RAISED IN REVEN UES APPEALS AND SIMULTANEOUSLY THE LEARNED CIT-DR OBJECTED TO ADMIS SION OF THE GROUND RAISED BY KES LOAN TRUST FOR A.Y. 2008-09. 5.4.1 WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUS ED AND CAREFULLY CONSIDERED THE MATERIAL ON RECORD; INCLUDING THE JU DICIAL PRONOUNCEMENTS CITED. FOLLOWING THE RATIO OF THE DE CISION OF THE HON'BLE ITA 5513&5758/MUM/2014 & OTHERS IRE LOAN TRUST 18 APEX COURT IN THE CASE OF NATIONAL THERMAL POWER CO RPORATION (SUPRA) WE ADMIT FOR CONSIDERATION THE ADDITIONAL GROUNDS R AISED BY REVENUE IN THOSE APPEALS IN WHICH IT HAS BEEN RAISED AND THE A DDITIONAL GROUND NO. 5 RAISED BY KES LOAN TRUST IN ITS APPEAL IN ITA NO. 7677/MUM/2013 FOR A.Y. 2008-09. 6.1 WE HAVE HEARD THE LEARNED SENIOR COUNSEL FOR TH E ASSESSEE AND THE LEARNED CIT-DR, WHO AFTER DUE EXAMINATION AND VERIF ICATION, HAVE AGREED THAT SINCE ALL THE GROUNDS OF APPEAL RAISED IN THES E APPEALS BY BOTH THE ASSESSEE AND REVENUE ARE SIMILAR/IDENTICAL TO THE G ROUNDS RAISED IN THE LEAD MATTER; I.E. THE CROSS APPEALS IN THE CASE OF INDIAN CORPORATE LOAN SECURITIZATION TRUST 2008 SERIES -14 IN ITA NOS. 3986 & 4343/MUM/ 2013, FOR A.Y. 2009-10, WHICH IS PART OF IL&FS TRUS T CO. LTD. GROUP OF CASES, THE FINDINGS RENDERED BY THIS TRIBUNAL ON VA RIOUS ISSUES THEREIN SHOULD BE APPLIED UNIFORMLY TO ALL THE 248 APPEALS IN THESE CASES. IN THESE FACTUAL AND LEGAL CIRCUMSTANCES, NOT ONLY THE LEARNED CIT(A)S IN ALL THESE CASES, BUT ALSO THE LEARNED COUNSELS FOR BOT H PARTIES ARE AGREED THAT THE ISSUES INVOLVED IN THESE APPEALS ACROSS AS SESSMENT YEARS ARE SIMILAR AND HAVE BEEN DULY CONSIDERED IN THE GROUP CASES OF THE IL&FS TRUST CO. LTD., OF WHICH GROUP THE LEAD MATTER IS I NDIAN CORPORATE LOAN SECURITIZATION TRUST 2008, SERIES 14 IN ITA NOS. 3986 & 4343/MUM/ 2013 FOR A.Y. 2009-10. HAVING DECIDED GROUNDS I, II , III AND IV OF THE ASSESSEES APPEAL IN THE CASE OF INDIAN CORPORATE L OAN SECURITISATION TRUST 2008 SERIES-14 IN ITA NO. 3986/MUM/2013 VIDE ORDER DATED 17.02.2017 IN FAVOUR OF THE ASSESSEE TRUST, THE FAC TUAL DIFFERENCES POINTED OUT WOULD HAVE NO BEARING ON THE ISSUES RAI SED IN APPEALS. FOLLOWING THE DECISION OF THIS BENCH OF THE TRIBUNA L IN THE CASE OF INDIAN CORPORATE LOAN SECURITIZATION TRUST 2008, SERIES 14 IN ITA NOS. 3986 & 4343/MUM/2013 DATED 17.02.2017 (A COPY OF WHICH W ILL FORM PART OF THIS ORDER), WE HOLD AND DIRECT THAT THE DECISION/F INDINGS RENDERED THEREIN ON VARIOUS ISSUES WILL ACCORDINGLY APPLY MU TATIS MUTANDIS TO ALL THESE APPEALS FOR THE ASSESSMENT YEARS CONCERNED. T HE AO IS ACCORDINGLY DIRECTED. ITA 5513&5758/MUM/2014 & OTHERS IRE LOAN TRUST 19 7. IN THE RESULT, THE 128 APPEALS BY THE ASSESSEES ARE PARTLY ALLOWED AND THE 120 APPEALS OF REVENUE ARE DISMISSED. 8. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND FEBRUARY, 2017. SD/ - SD/ - (SANDEEP GOSAIN) (JASON P. BOAZ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 22 ND FEBRUARY, 2017 COPY TO: 1. ASSESSEE: THE IL&FS FINANCIAL CENTRE, PLOT NO. C-22 , G. BLOCK, BKC, BANDRA (E), MUMBAI 400051 2. REVENUE: INCOME TAX OFFICER 19(3)(2), MUMBAI 3. THE CIT(A) -30, MUMBAI 4. THE CIT - 19, MUMBAI 5. THE DR, F BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.