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2021 (8) TMI 561 - AT - Income TaxDisallowance of Employee Stock Option Scheme Compensation - CIT-A deleted the addition - HELD THAT:- We find that CIT(A) while deciding the issue in favour of the assessee has noticed that her predecessor in assessee’s own case for A.Y. 2011-12 & 2012-13 had allowed the claim of the assessee. Before us, no fallacy in the findings of CIT(A) has been pointed out by the Revenue. Revenue has also not placed any material on record to demonstrate that the order of CIT(A) for A.Y. 2011-12 & 2012-13 has been set aside by higher judicial forum. In such a situation, we find no reason to interfere with the order of CIT(A) and thus the ground of the Revenue is dismissed. Disallowance u/s 14A r.w.r.8D - CIT-A deleted the addition - HELD THAT:- We find that CIT(A) while deciding the issue in assessee’s favour has given a finding that AO has applied the provisions of Rule 8D mechanically and has not demonstrated as to how the suo moto disallowance made by the assessee was incorrect or inadequate. He has further given a finding that the suo moto disallowance made by the assessee was in accordance with the decision of Jurisdiction High Court. Before us, no fallacy in the findings of CIT(A) has been pointed out by the Revenue. In such a situation, we find no reason to interfere with the order of CIT(A) and thus the grounds of the Revenue are dismissed.
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