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2019 (7) TMI 1547 - AT - Income TaxDisallowance u/s. 35D - HELD THAT:- As decided in own case [2018 (10) TMI 1036 - ITAT AHMEDABAD] in view of the issue being covered in favour of the assessee by the order of the Co-ordinate Bench for earlier year, we find merit in the claim of the aforesaid amount under Sec. 35D. Disallowance on account of depreciation on goodwill on demerger - raising new claim on account of depreciation by way of additional ground at this belated stage - HELD THAT:- As decided in own case [2018 (10) TMI 1036 - ITAT AHMEDABAD] Where the AO has readjusted the quantum of depreciation in the subsequent assessment year, the assessee is within its legitimate rights to be granted depreciation in AY 2009-10 as per the figures worked by the AO himself. No perceptible reason for not admitting such claim of the assessee. We also find bonafides in the plea of the assessee for raising new claim on account of depreciation by way of additional ground at this belated stage. The order for the AY 2012-13 was passed on 29.03.2015. By virtue of this order, the assessee came to know about the revision in the claim of depreciation concerning AY 2012-13. By that time, the order of the CIT(A) dated 13.12.2013 was already passed. Therefore, the assessee was incapacitated to put forward such new claim towards depreciation on goodwillvfor which relevant facts are duly available on record in the light of the decision of Hon’ble Supreme court in the case of Goetze (India) Ltd. vs. CIT [2006 (3) TMI 75 - SUPREME COURT] & NTPC vs. CIT [1996 (12) TMI 7 - SUPREME COURT]. - Decided in favour of assessee. Disallowance u/s. 14A r.w.r. 8D - Disallowance of administrative expenditure incurred towards earning exempt income - CIT(A) has restricted the disallowance - HELD THAT:- After perusal of the material on record we observe that it is not possible to earn huge volume of exempt income without incurring administrative expenses, therefore, we do not find any unreasonableness and infirmity in the decision of Ld. CIT(A). Accordingly, the appeal of the assessee on this issue is dismissed.
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