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2021 (9) TMI 1216 - AT - Income TaxAddition u/s 14A r.w.r.8D - CIT(A) deleted the addition by following the decision of his predecessor in assessee’s own case in the preceding years - HELD THAT:- We find, the issue stands decided in favour of the assessee by the decision of the Tribunal in assessee’s own case in various assessment years starting from A.Y. 2000-01 and onwards. We find, the Hon’ble Delhi High Court [2020 (3) TMI 507 - DELHI HIGH COURT] has dismissed the appeal filed by the Revenue in assessee’s own case where the Tribunal had held that in view of the provisions of section 44 r.w. the First Schedule, the provisions of section 14A are to be excluded in relation to computation of income of an insurance company. As already decided the issue in favour of the assessee, therefore, in absence of any contrary material brought to our notice, the order of the CIT(A) on this issue is upheld and the ground raised by the Revenue is dismissed. 50% disallowance on account of expenses incurred on Guest House made by the AO - expenditure on the maintenance and upkeep of the guest houses - HELD THAT:- CIT(A), following the order for preceding assessment year i.e., 2014-15, deleted the disallowances. We do not find any infirmity in the order of the CIT(A) on this issue. We find, the issue stands decided in favour of the assessee by the decision of the Tribunal in assessee’s own case. We find, the Tribunal [2019 (4) TMI 959 - ITAT DELHI] has dismissed the appeal filed by the Revenue wherein the CIT(A) had deleted 50% of disallowance on account of guest houses - Decided against revenue. Addition being disallowance u/s 14A for the purpose of 115 JB - HELD THAT:- We find, the AO, in the instant case, made addition which was disallowed by him u/s 14A of the Act for computation of the book profit u/s 115JB of the IT Act. We find, the ld.CIT(A), following the orders of his predecessor, deleted the addition being the disallowance u/s 14A of the Act made by the AO for the purpose of section 115JB of the Act. We do not find any infirmity in the order of the CIT(A) on this issue. We find, in the case of Shobha Developers Ltd.[2021 (1) TMI 378 - KARNATAKA HIGH COURT] has held that disallowance made u/s 14A could not be added to book profit of the assessee u/s 115JB - Decided against revenue.
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