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2016 (1) TMI 659 - AT - Income TaxDisallowance u/s 14A - CIT(A) deleted the disallowance - Held that:- As relying on CIT vs. Hero Cycles Limited [2009 (11) TMI 33 - PUNJAB AND HARYANA HIGH COURT] and CIT vs. Winsome Textile Industries Ltd. [2009 (8) TMI 220 - PUNJAB AND HARYANA HIGH COURT ] to hold that Section 14A cannot be invoked when no exempt income was earned. Thus note that the Ld. CIT(A) has rightly observed that in the assessee’s case there was no exempt income earning during the year. Respectfully following the decision of CIT vs. Holcim Pvt. Ltd. (2014 (9) TMI 434 - DELHI HIGH COURT ), Ld. CIT(A) has rightly held that the AO was not justified in making the disallowance and therefore, the same was rightly deleted. - Decided against revenue Addition on account of unverifiable purchases - CIT(A) deleted the addition - Held that:- in the assessment year 2009-10, the Bench has held that the Revenue Authority below has not properly considered the submissions, details, explanation and other relevant documentary evidence and related bills and vouchers, audited books of accounts of the assesse and the AO has made the addition without making any adverse material or facts against the assessee and without rejecting the audited books of account of the assessee. In the present case all the details and submissions of the assessee has been considered by the AO and AO has made the addition only on the basis of similar addition made in the assessment year 2009-10. Therefore, in the present case the AO is directed to decide the issue on the basis of already documentary evidence filed and verified by him at the time of completion of assessment. - Decided in favour of revenue for statistical purposes.
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