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2014 (3) TMI 770 - AT - Income TaxDisallowance u/s 14A of the Act r.w. rule 8D of the Rules Held that:- The initial and the primary onus to show that r. 8D, which is only a manner of estimation which will apply in default, is on the assessee once the assessee exhibits the expenditure claimed as bearing no relation with the income not forming part of the total income, or has allocated the expenditure related, as the common administrative expenditure, it would have to be necessarily verified by the AO in terms of sections 14A(2) and 14A(3) of the Act, and he cannot proceed to mechanically apply r.8D relying upon GODREJ AND BOYCE MFG. CO. LTD. Versus DEPUTY COMMISSIONER OF INCOME-TAX AND ANOTHER [2010 (8) TMI 77 - BOMBAY HIGH COURT] - It is not clear on the perusal of the record if the said initial onus has been discharged in the facts and circumstances of the case thus, the matter is remitted back to the AO for fresh consideration Decided in favour of assessee.
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