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2017 (6) TMI 1229 - AT - Income TaxAdditions made u/s 14A r.w.r Rule-8D - Held that:- the issue raised by Revenue is covered in assessee’s own case [2017 (2) TMI 273 - ITAT KOLKATA] for AY 2009-10 - thus following the decision of co-ordinate Bench in assessee’s own case we uphold the impugned order of the Ld. CIT(A) giving relief to the assessee - Decided against revenue. Disallowance on account of cess on green leaf – Held that:- following the decision of co-ordinate Bench of this Tribunal in assessee’s own case for A.Y. 2008-09 [2014 (1) TMI 436 - ITAT KOLKATA] the deduction is eligible after computing the income under rule 8 and the apportionment is to be made only after the income is so computed. Such apportionment cannot be made before the deduction. Rule 8 of the Income-tax Rules, 1962, requires that the computation is to be made as if by fiction the entire income out of the tea grown and manufactured as income assessable under the Income-tax Act, 1961 - Decided against Revenue. Disallowance on account of interest on sticky loan - Held that:- following the assessee’s own case in ITA No.684/Kol/2012 for A.Y. 2008-09 - Decided against the revenue. Disallowance u/s 14A on account of expenses relatable to exempt income u/s 115JB - Held that:- the disallowance made under the normal provision u/s.14A of the Act cannot be imported or cannot be equated to the disallowance made u/s. 115JB of the Act. It is because the provisions of MAT are self-contained code and begins with non-obstante clause. Therefore it has no relation with other provision of the Act - therefore, the AO shall work out the disallowances in terms of the clause (f) to Explanation-1 of Sec. 115JB of the Act independently after considering the expenses debited in the profit & loss account as mandated under the provisions of law - thus this ground of appeal of the Revenue is partly allowed.
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