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2021 (1) TMI 231 - AT - Income TaxDisallowance u/s 14A - CIT(A) has deleted the addition by giving a finding that there is no exempt income earn - CIT(A) has held that since assessee has himself made a disallowance for earning the exempt income u/s.14A he is going to sustain the aforesaid disallowance and hence he has made a enhancement of the said amount. HELD THAT:- We find that there is no estoppel as to law. If an addition or disallowance is not permissible in law the same cannot be fastened upon the assessee on his concession. Moreover, the ld. CIT(A) is relying upon the jurisdictional High Court decision in M/S. DELITE ENTERPRISES [2009 (2) TMI 498 - BOMBAY HIGH COURT] deleting the addition made by the assessing officer then again making an enhancement on a different pretext of estoppel or offering concession by the assessee. This is on the cusp of contempt of the Hon’ble Jurisdictional High Court, and not at all sustainable. Accordingly, we set aside the orders of ld. CIT(A) and delete the addition.
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