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2016 (2) TMI 1047 - ITAT AHMEDABADRevision u/s 263 - disallowance made by the assessee u/s. 14A - Held that:- As under the head income from business, the assessee has added ₹ 18,151/- as disallowance u/s. 14A of the Act. On page 184 of the paper book, we find that in assessment order 2008-09, the assessee has disallowed ₹ 32,725/- u/s. 14A of the Act. Again at page 191, we find that for assessment year 2009-2010, the assessee has disallowed ₹ 23,164/- u/s. 14A of the Act. In both these occasions, the disallowance made by the assessee has been accepted. We fail to understand how a similar disallowance made during the year under consideration on same set of facts would make the assessment erroneous and pre-judicial to the interest of the revenue. Further, in our considered opinion Rule 8D cannot be invoked mechanically. It can be invoked only when the A.O is not satisfied with the computation of disallowance made by the assessee. In the case in hand, we find that the A.O was satisfied as similar disallowances were accepted in earlier years. Considering these facts in totality, the action of the ld. CIT on this issue is not justified. Claim of set off of brought forward business loss/unabsorbed depreciation of earlier years when there was no loss available - Held that:- While filing the return of income for A.Y. 2008-09, the assessee has reduced the book profit by ₹ 21,77,733/- being adjustments as per Clause- VII of the Explanation to section 115JB(2) of the Act which can be found at page 185 of the paper book. We further find that in the assessment order for A.Y. 2008-09 made u/s. 143(3) r.w.s. 153A of the Act while computing the tax on book profit u/s. 115JB of the Act. The A.O has deducted the adjustments as mentioned above of ₹ 21,77,733/- and the book profit was computed at Nil figure, this can be seen at page 188 of the paper book.Similarly, in the computation of income for A.Y. 2009-2010, the assessee has reduced the book profit by making adjustments u/s. 115JB of the act at ₹ 6,92,38,861/-, the same adjustments have been accepted by the A.O in the assessment order made u/s. 143(3) of the Act which can be found at page 200 of the paper book. We fail to understand how a similar adjustment made during the year under consideration can be considered as erroneous and prejudicial to the interest of Revenue. In our considered opinion, the action of the Commissioner is without jurisdiction. As discussed hereinabove, we do not find any error in the assessment order which could make it erroneous and pre-judicial to the interest of the Revenue. Assessee appeal allowed.
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