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2016 (3) TMI 1098 - HC - Income TaxDisallowance u/s 14A - it is the appellant's contention that before rejecting the disallowance of expenditure made by it, the Assessing Officer has not recorded his non satisfaction of the disallowance of expenditure done by the appellant as relying on J.K. Investors (Bombay) Ltd. V/s ACIT [2013 (5) TMI 580 - ITAT MUMBAI ] - Held that:- In view of the fact that the impugned order of the Tribunal does not deal with its decision in J. K. Investors (supra) relied upon by the appellantassessee in support of its submission as recorded in the impugned order itself makes the impugned order a nonspeaking order and, therefore, in breach of principles of natural justice. In the above view, the substantial question of law is answered in the affirmative i.e. in favour of the appellant assessee and against the revenue. However, the issue of applicability of Rule 8D of the Rules or otherwise has yet to be determined by the Tribunal. In these circumstances, we set aside the impugned order passed by the Tribunal and restore the entire appeal to the Tribunal for fresh disposal in accordance with law.
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