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2017 (9) TMI 583 - BOMBAY HIGH COURTDisallowance u/s 14A - Held that:- If the jurisdictional High Court Judgment in the case of Reliance Utilities and Power Ltd. (2009 (1) TMI 4 - BOMBAY HIGH COURT ) was held to be binding on the Tribunal, why the Tribunal had to fall back on alternative disallowance computed by the assessee and that too without prejudice has not been clarified at all. In the initial order as well as in the order on the Miscellaneous Application for rectification the Tribunal has assigned the same reasons. We do not think that a without prejudice submission and made strictly in the alternative should have influenced the tribunal to such an extent. It is was for the Tribunal to have extensively carried out the exercise and scrutinise the order of the Assessing Officer, whether the order deserved to be upheld on the issue. That having not been done, we set aside both the initial orders of the Tribunal as also orders on the Miscellaneous Application dated 12th June, 2013 and 7th March, 2014 respectively. We restore Income Tax Appeal to the file of the Tribunal and direct the Tribunal that the same shall be decided on its own merits and in accordance with law. While deciding the appeal afresh Tribunal should allow the assessee to contend that the disallowance worked by the Assessing Officer, particularly the assessee's without prejudice and alternative submission should not influence its final decision. Equally all contentions of the Revenue should also be considered while disposing of the appeal afresh pursuant to our decision.
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