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2015 (10) TMI 2466 - HC - Income TaxDisallowance u/s 14A r.w.r. 8D - Whether on the facts and the circumstances of the case and in law, the Tribunal was justified in deleting the disallowance made as per sub clause (ii) of Rule 8D(2) r.w.s. 14A of the Act? - Held that:- As is evident from the proposed questions of law the impugned order of the Tribunal placed reliance upon the decision of this Court in Godrej & Boyce Mfg. Co. Ltd. Vs. DCIT [2010 (8) TMI 77 - BOMBAY HIGH COURT ] and held that Rule 8D of the Income Tax Rule, 1962 (the 'Rule') would not be applicable for the purposes of disallowance under Section 14A of the Act for assessment prior to Assessment Year 200809. In the above view the impugned order holds the disallowance has to be made on reasonable basis and not on application of Rule 8D of the Income Tax Rules for the subject Assessment Year 200607. It is an agreed position between the parties that the issues arising herein stands concluded by the decision of this Court in Godrej & Boyce Mfg. Co. Ltd. (supra) and the same has been followed by the impugned order. - Decided against revenue
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