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2013 (12) TMI 1567 - AT - Income TaxAddition U/s 14A - Held that:- The burden is on the assessee to submit the details of volume of transactions in relation to activity regarding dividend income and other activities from which the assessee has earned taxable income and then the Assessing Officer should work out the amount of disallowance in the ratio of such transactions undertaken by the assessee for earning dividend income and other transactions resulting into taxable income. The Assessing Officer should pass necessary order as per law as per above discussion after providing reasonable opportunity of being heard to the assessee. Ground No. 1 of Revenue’s appeal stands partly allowed for statistical purposes. Addition on purchased/received the vehicle - Held that:- If the assessee establishes this fact that the assessee received the delivery of the vehicle on 31/03/2007 and got it registered in his name on the first day of the next year then the assessee is eligible for depreciation even if the same was registered in the next year but since this fact is not verifiable from the record and no finding is available, we set aside the order of learned CIT(A) on this issue and restore the matter to the Assessing Officer for fresh decision. We would like to make it clear that the burden is on the assessee to furnish the proof of delivery of vehicle on 31/03/2007 and thereafter, the Assessing Officer should pass necessary order as per law. This ground of appeal is allowed for statistical purposes.
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