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2014 (11) TMI 521 - AT - Income TaxAdmission of additional evidence under Rule 29 - Held that:- The AO did not allow the claim of the assessee for deduction u/s 80IA of the Act for the reasons that the assessee failed to furnish the certificate from a Competent Authority that the land belonging to Tamil Nadu Maritime Board, Chennai was allotted to the assessee - although the additional evidences had been furnished first time before the Tribunal but it is very much relevant and go to the root of the present controversy - the additional evidences will not change the claim made by the assessee as the issue was already before the AO and the CIT(A). The mistake of the assessee, if any, in not filing the certificate from the Competent Authority was not deliberate or with a malafide intention because the assessee was getting the deduction u/s 80IA consistently for the earlier years, therefore, the new evidence now furnished as an additional evidence shall be admitted by keeping in view the Principle of natural justice but at the same time opportunity is to be provided for rebuttal to the another party i.e. the Revenue Department - the documents furnished by the assessee are vital which go to the root of the present controversy, so these are to be admitted in the interest of natural justice but these documents are required to be examined and considered at the level of the AO – also the same has been decided in Uop Llc. Versus Additional Director Of Income-tax, International Taxation Circle-2(2), New Delhi [2006 (12) TMI 177 - ITAT DELHI-F] - thus, the matter is remitted back to the AO for fresh consideration. Disallowance u/s 14A – Held that:- Assessee submitted that the assessee was not having any exempt income so there was no question of making the disallowance u/s 14A - the disallowance under Rule 14A can be made even if there is no exempt income – the issue shall also be decided by the AO after consideration – Decided in favour of assessee.
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