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2016 (6) TMI 881 - AT - Income TaxDisallowance u/s 14A - CIT (A) has deleted the disallowance on the ground that it has been held by the coordinate Bench in assessee’s own case pertaining to A.Y. 2002-03 that provisions of section 14A are not applicable - Held that:- Since the facts are identical in the year under appeal also, the contention of the assessee throughout has been that the investment wherefrom it has earned exempt income were made for the purpose of maintaining the controlling interest. Therefore, in view of the decision of the Tribunal, provisions of section 14A would not be applicable. The coordinate Bench in assessee’s own case in the assessment year 2002-03 had deleted the addition on the basis that provisions of section 14A would not be applicable in the case of the assessee as the investment has been made solely for the purpose of having the controlling interest. There is no change into the facts in this year as well. - Decided in favour of assessee Addition on account of expenses claimed against income received from the BCCI - Held that:- We find that ld. CIT (A) has deleted the disallowance merely on the basis of presumption that the assessee might have incurred certain expenditure. In our considered view, this approach of ld. CIT (A) is not justified. Since the assessee himself has claimed certain income earned from other sources and claimed set off of expenditure incurred for earning such income, it was incumbent upon the assessee to furnish supporting evidence qua its claim for expenditure. Therefore, on this issue, we hereby set aside the order of ld.CIT (A) and sustain the disallowance made by the AO - Decided in favour of revenue
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