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2018 (4) TMI 1770 - AT - Income TaxDisallowance u/s.14A r.w. Rule 8D(2) - If the disallowance made by the AO u/s.14A r.w. Rule 8D(2) of the I.T. Rules, 1962 is sustainable when there is no satisfaction invoking the provisions of the Act/Rules ? HELD THAT:- As decided in the assessee’s own case for A.Y₹ 2006-07 & 2011-12 Buffer disclosure - Undisclosed income - absence of any clear omissions or commissions or discrepancies made out by the AO for taxing the said sum - HELD THAT:- As decided in Serum Institute of India Ltd. Vs. DCIT [ 2018 (3) TMI 391 - ITAT PUNE ] onus is on the AO to establish the omissions and commissions before the AO proceeded to tax the said buffer disclosure of ₹ 60 lakhs. As such, AO did not examine this aspect of the issue. CIT(A)/A) are of the opinion that the assessed income may not be less than the returned income. Therefore, with similar directions to the AO, we remand the issue to the file of AO. Accordingly, this issue is adjudicated pro tanto. Allowability of the claim relating to the Group Gratuity Scheme - HELD THAT:- The issue stands covered against the assessee by the order of Tribunal in its own case for the A.Y₹ 2006-07 to 2011-12 [2018 (3) TMI 425 - ITAT PUNE] held that the order of CIT(A) on this issue is fair and reasonable as the scheme has not been approved till date, as admitted by the Ld. AR for the assessee. Hence, it does not call for any interference on this issue. - Decided against assessee.
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