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2021 (12) TMI 539 - AT - Income TaxDisallowance u/s 14A read with rule 8D - assessee company has made suo motu disallowance - HELD THAT:- When we examine impugned order passed by the ld. CIT (A) it does not lead to any conclusive findings as per grounds raised by the assessee company that disallowance cannot be more than exempt dividend income earned by the assessee during the year under consideration. Rather ld. CIT (A) has confused the entire controversy sought to be decided by the assessee by partly following his own order passed in AY 2012-13 but has lost sight of all the facts brought on record by the assessee. Thus, the entire findings are cryptic and incomprehensible. In these circumstances, we are of the considered view that the issue has not been examined by ld. CIT(A) by thrashing the facts in the light of the law applicable thereto. Consequently, this issue is remitted back to the ld. CIT(A) to decide afresh in the light of the decisions rendered by Hon’ble Delhi High Court in the cases of as Joint Investments (P.) Ltd. [2015 (3) TMI 155 - DELHI HIGH COURT] AND MAXOPP INVESTMENT LTD., CHEMINVEST & OTHERS [2011 (11) TMI 267 - DELHI HIGH COURT]. Payment to its Associated Enterprise, M/s. Hero Global Design Ltd., for providing engineering services - HELD THAT:- The issue is identical and services have been rendered by M/s. Hero Global Design Limited, and since then business model has not been changed, and whose engineers were constantly available within the factory of the assessee company and have been regularly being paid for their services. So, following the order passed by the coordinate Bench of the Tribunal in assessee’s own case for AY 2012-13 [2020 (4) TMI 51 - ITAT DELHI] we find no infirmity or illegality in the impugned deletion made by the ld. CIT (A), hence grounds no.3 & 4 are determined against the Revenue.
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