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2015 (1) TMI 1390 - AT - Income TaxDisallowance to be made under section 14A and then computing the deduction under section 80 P(2)(d) - Held that:- It is clear that the court has passed an order in lemine and dismissed the SLP which cannot lead to the conclusion that this order has merged with the order of Delhi High Court. Therefore, when an order of the Jurisdictional High Court is available in the case of assessee we have no option but to follow the same. Therefore following the order of the Hon’ble High Court in COMMISSIONER OF INCOME-TAX VERSUS KRIBHCO [2012 (7) TMI 591 - DELHI HIGH COURT] and we decide this issue against the assessee. It was also contended that in any case Rule 8D has become applicable from assessment year 2008-09 and therefore for computing the disallowance under Rule 8D read with section 14-A, disallowance should be calculated as per this Rule. We find merit in this contention and therefore set aside the order of Ld. CIT(A) and remit the matter back to the file of AO for re-computing the disallowance U/s 14-A read with Rule 8P(2)(d).
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