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2018 (12) TMI 1828 - AT - Income TaxDisallowance of Rural Employment Cess (RE Cess) and Primary Education Cess (PE Cess) - HELD THAT:- As decided in own case [2015 (12) TMI 1326 - ITAT KOLKATA] we hold that the cess collected from customers in the sale invoices shall not be chargeable to tax in the year of collection and accordingly, the grounds raised by the assessee in this regard are allowed. Disallowance u/s 14A read with Rule 8D - HELD THAT:- As decided in own case [2015 (12) TMI 1326 - ITAT KOLKATA] no disallowance u/s 14A of the Act would operate in the facts and circumstances of the case. Unless an item is debited in the profit and loss account, the same cannot be the subject matter of addition to book profits under clause (f) of Explanation to section 115JB of the Act. The disallowance made u/s 14A of the Act read with Rule 8D is only artificial disallowance and obviously the same is not debited in the profit and loss account and the same cannot be imported into clause (f) of Explanation to Section 115JB - Decided against revenue.
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