Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (7) TMI 1209 - ITAT MUMBAIRectification of mistake u/s 254 - Disallowance u/s 14A without recording proper satisfaction - HELD THAT:- AO before resorting to the computation mechanism provided in rule 8D of the rules had indeed recorded his satisfaction having regard to the accounts of the assessee that the claim of the assessee that no expenditure was incurred for earning dividend income could not be accepted. This goes to prove the compliance made by the AO of the decision rendered by the Hon’ble Supreme Court in the case of Maxopp Investment [2018 (3) TMI 805 - SUPREME COURT] which have been heavily relied upon by the ld. AR before us. We find that the assessee has been preferring this miscellaneous application for the second time on the very same issue without any substance and also trying to misuse the provisions of the Act by resorting to review of the order passed by this Tribunal in the guise of rectification. In our considered opinion, there is no mistake apparent on record within the meaning of Section 254(2) of the Act warranting any rectification as this Tribunal had duly addressed the arguments of the assessee and the intention behind introduction of Section 14A with rule 8D(2)(iii) in its order - Miscellaneous Application of the assessee is dismissed.
|