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2019 (6) TMI 94 - AT - Income TaxDisallowance u/s 14A r.w.r. 8D - expenditure incurred for earning of tax exempt income - HELD THAT:- No disallowance is attracted u/s 14A in case the assessee has not earned any income not forming part of the total income. Since the assessee did not earn any tax exempt income, hence, no disallowance u/s 14A is attracted. See WINSOME TEXTILE INDUSTRIES LTD. [2009 (8) TMI 220 - PUNJAB AND HARYANA HIGH COURT],CHEMINVEST LIMITED [2015 (9) TMI 238 - DELHI HIGH COURT] , CORRTECH ENERGY PVT. LTD. [2014 (3) TMI 856 - GUJARAT HIGH COURT] So far as the contention of DR that the assessee himself had agreed during the assessment proceedings when called for by the Assessing officer for making the aforesaid disallowance u/s 14A of the Act is concerned, we are not convinced with the above submissions of the Ld. DR. If the assessee under the mistaken belief had agreed to the aforesaid disallowance, that itself, does not debar the assessee to agitate the said disallowance in an appeal if the assessee otherwise legally is not liable to pay any tax on such disallowance / addition made by the Assessing officer. In view of this, the Assessing officer is ordered to delete the disallowance so made u/s 14A - Decided in favour of assessee.
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