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2017 (12) TMI 910 - AT - Income TaxAddition on employee’s contribution to PF - sum deposited beyond the prescribed time limit - Held that:- As the amount has been deposited by the assessee before the due date of filing the return of income and therefore the matter is covered by the decision of Hon’ble Jurisdiction High Court in case of CIT vs. SBBJ [2014 (5) TMI 222 - RAJASTHAN HIGH COURT] as well as in assessee’s own case for the A.Y. 2011-12 [2017 (11) TMI 573 - RAJASTHAN HIGH COURT] - Decided in favour of assessee. Disallowance u/s 14A r.w. Rule 8D - Held that:- Neither the Revenue nor the assessee has filed any material on record before us to give a conclusive finding on the availability of the assessee’s own fund to meet the requirements of the fresh investment made by the assessee during the year as well as the expenditure claimed by the assessee which can be attributable to earning the exempt income. Since, there is fresh investment during the year to the tune of more than ₹ 14 crores, therefore, the decision for the earlier years cannot be applied without considering the relevant facts. Hence, in the interest of justice we set aside this issue to the record of the Assessing Officer for fresh adjudication in light of the above observation. Needless to say the assessee be given an opportunity of hearing before passing the fresh order.
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