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2015 (11) TMI 541 - AT - Income TaxDisallowance u/s 14A - CIT(A) deleted the addition accepting additional evidence - Held that:- the instant case, the assessment year involved is prior to AY 2008-09, and the ld. AO has expressed his dissatisfaction with the correctness of the claim of the assessee with regards to the expenditure incurred against exempted income, we are of the opinion that the findings in the case of Maxopp Investment Ltd. vs. CIT (2011 (11) TMI 267 - Delhi High Court) are squarely applicable. Respectfully, following the findings, we remit the matter back to the file of ld. AO and direct to determine the amount of expenditure incurred towards earning exempted income, on the basis of a reasonable and acceptable method of apportionment. Foe acceptance of additional evidence in view of the judgements of the jurisdictional High Court in the case of Manish Buildwell (2010 (12) TMI 760 - ITAT - Delhi (E)) and Modern Charitable foundation (2011 (5) TMI 204 - Delhi High Court), we are of the opinion that the AO should be given opportunity to verify the additional evidence furnished by the assessee before the ld CIT(A). Accordingly, we direct the ld CIT(A) to forward all the additional evidence to the ld. AO. Decided in favour of revenue for statistical purposes.
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