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2019 (3) TMI 723 - AT - Income TaxDisallowance u/s.14A - restricting claim proportionate to exempt income as Rule 8D has no such provision for proportionate disallowance - HELD THAT:- CIT(Appeals) was of the view that the total expenditure debited to profit and loss account is incurred by the assessee in relation to exempt income and also taxable income as well. Therefore, it is more appropriate to restrict the disallowance u/s.14A of the Act proportionate to the exempt income. Thus, disallowance on this account would be the expenditure already disallowed by the assessee in the return of income which is directly relatable to the exempt income and the disallowance out of the balance expenditure in proportion of the exempt income to the total income. The Assessing Officer was directed to work out the disallowance accordingly. This issue needs further verification and therefore, we set aside the order of Ld.CIT(Appeals) and restore this issue back to his file to adjudicate this issue afresh Disallowance u/s.80G - renewal application unanswered - Ahwini Rural Cancer Research & Relief Society had received its earlier recognitions u/s.80G from time to time and the last recognition granted was for the period 01.04.2006 to 31.03.2009 - HELD THAT:- We find that in the assessment order dated 03.03.2014 passed u/s.143(3) of the Act in the case of the Trust i.e. Ashwani Rural Cancer Research & Relief Society, it is clearly stated that the trust is registered u/s.12A of the Act and also have obtained its exemption u/s.80G of the Act. In view of the aforesaid facts and circumstances, relief granted to the assessee by the Ld. CIT(Appeals) is sustained
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