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2021 (10) TMI 69 - AT - Income TaxDisallowance u/s 14A r.w. Rule 8D - assessee had suo moto disallowance - HELD THAT:- If a claim though available in law is not made either inadvertently or on account of erroneous belief of complex legal position, such claim cannot be shut out for all times to come, merely because it is raised for the first time before the appellate authority without resorting to revising the return before the AO. It has further held that any ground, legal contention or even a claim would be permissible to be raised for the first time before the appellate authority or the Tribunal when the facts necessary to examine such ground, contention or claim are held on record. It has further held that income tax proceedings are not strictly adversarial in nature and the intention of the Revenue should be to tax the real income. Thus in the absence of any exempt income, no disallowance u/s 14A of the Act could not made, we are of the view that the assessee cannot be denied to withdraw the suo moto disallowance u/s 14A - Decided in favour of assessee.
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