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2015 (4) TMI 437 - AT - Income TaxDisallowance of weight shortage expenses - Held that:- We find that the AO as well as the Id.CIT(A) has disallowed the expenditure on the basis that in earlier year the assessee has not claimed such kind of expenditure. In our considered view, since the assessee has placed on record the debit notes raised by various parties to whom the material was supplied, therefore the authorities below were not justified in disallowing the expenses claimed by the assessee. We therefore direct the AO to delete this addition. Before us, Revenue has not brought on record any material to demonstrate as to how the decision of Hon’ble Tribunal for A.Y. 07-08 in Assessee’s own case would not be applicable to the facts of the case for the year under appeal more so when ld. CIT(A) himself has noted that identical issue arose in A.Y. 07-08 and had followed the order of his predecessor. - Decided in favour of assessee. Disallowance u/s 14A r.w. rule 8D - Held that:- Considering the totality of the facts and in view of the fact that the provisions of Rule 8D are applicable for the year under consideration and in the light of the decision of Joint Investments Pvt Ltd Versus CIT [2015 (3) TMI 155 - DELHI HIGH COURT] and in view of the fact that the disallowance worked out by A.O u/s. 14A is more than the exempt income and considering the alternate submission of ld. A.R. to make a reasonable disallowance u/s. 14A as deemed fit, we are of the view that disallowance of ₹ 5,000/- if made in the present case will meet the ends of justice. - Decided partly in favour of assessee.
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