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2018 (9) TMI 1900 - AT - Income TaxDisallowance u/s 14A - HELD THAT:- No disallowance u/r 8D(2)(ii) has been made by the lower authorities. It is further noted that Hon’ble Supreme Court in a recent judgment, in group of cases titled as Maxopp Investment Ltd. Vs CIT [2018 (3) TMI 805 - SUPREME COURT] has decided vital issues concerning disallowance u/s 14A, the benefit of which was not available to the lower authorities at the time of adjudicating this issue. Therefore, respectfully following the judgment of co-ordinate bench of this Tribunal in earlier years and in the light of recent judgment by Hon’ble Supreme Court, the matter stand remitted back to the file of Ld. AO on similar lines with similar conclusion. Needless to add that adequate opportunity of being heard shall be provided to the assessee, who, in turn, is directed to substantiate his claim, in this regard, with documentary evidences / suitable explanations etc.
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