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2013 (2) TMI 377 - AT - Income TaxDisallowance u/s.14A - Held that:- As Tribunal remitted the matter to the file of AO for computing the disallowance in accordance with the judgment Godrej Boyce Mfg Co. Ltd (2010 (8) TMI 77 - BOMBAY HIGH COURT) the matter passed by CIT(A) ceased to be operative who directed the AO to re-compute the disallowance u/s.14A by applying Rule 8D the consequential order passed by the AO giving effect to such in-operative order of CIT(A), in has been rightly set aside by CIT(A). It is obvious that there can be only one proceeding for one case. When the AO is ceased of the matter for computing the disallowance u/s.14A, as per the order passed by the Tribunal, there can be no question of continuing with any other proceedings - appeal filed by the revenue is dismissed. Penalty u/s.271(1)(c) pursuant to disallowance u/s.14A - Held that:- As the original disallowance made by the AO has been restored by the Tribunal to the file of AO the instant penalty should also be consequently restored - set aside the impugned order and remit the matter to the file of AO for considering the question of penalty afresh -appeal of revenue allowed for statistical purposes.
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