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2021 (5) TMI 940 - AT - Income TaxDisallowance u/s 37(1) - HELD THAT:- While dealing with the issue, the Tribunal in [2019 (6) TMI 1621 - ITAT MUMBAI] having found that in assessee’s own case for assessment year 2012-13, the Tribunal has deleted similar addition made by assessing officer, followed the same and upheld the decision of learned Commissioner of Income-tax (Appeals) in deleting the additional disallowance made by the assessing officer. Facts being identical, respectfully following the aforesaid decision of the Tribunal in assessee’s own case, we uphold the order of learned Commissioner of Income-tax (Appeals) on the issue. Ground raised is dismissed. Disallowance u/s 14A - HELD THAT:- Having considered rival contentions, we find from materials on record that in the year under dispute, the assessee had not actually earned any exempt income. That being the case, the question of disallowance under section 14A r.w.r.8D would not arise. In fact, while considering identical issue in assessee’s own case in assessment year 2014-15 [2019 (6) TMI 1621 - ITAT MUMBAI] the Tribunal in the order referred to above, deleted the disallowance made by the assessing officer in absence of any exempt income earned during the year. In view of the aforesaid, we uphold the decision of learned Commissioner of Income-tax (Appeals) by dismissing the ground.
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