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2010 (11) TMI 479 - ITAT, NEW DELHIDisallowance - Rule 8D of the Income-tax Rules, 1962 read with sec. 14A - the assesseehas been pointed out that he has already disallowed the sum of Rs.15,26,645/- being proportionate expenditure incurred for the purpose of earning exempted income and therefore, no further disallowance is called for - In order to examine as to whether a disallowance of Rs.15,26,645/- voluntarily disallowed by the assessee itself in the return of income filed by it, is justified or proper, restore the matter back to the file of the AO for his fresh adjudication after providing reasonable opportunity of being heard to the assessee - Be it stated here that the AO shall not apply the provision of Rule 8D of the Income-tax Rules to the present case, which is related to Assessment Year 2006-07 in which Rule 8D is not applicable - Thus, the appeal filed by the assessee is treated to be allowed for statistical purposes.
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