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2022 (1) TMI 233 - AT - Income TaxDisallowance u/s 14A r.w.r. 8D - mandation of recording satisfaction before proceeding to make disallowance u/s. 14A - Suo moto disallowance made by assessee - HELD THAT:- As decided in own case [2019 (10) TMI 776 - ITAT PUNE] considering the manner of computation of disallowance u/s. 14A, the Tribunal held that the AO failed to record the mandatory satisfaction before proceeding to make disallowance u/s. 14A of the Act. That is how, the addition was deleted. The facts of the instant year are mutatis mutandis similar to those of the preceding years. The ld. DR candidly accepted the fact. Respectfully following the precedent, we order to delete the addition. Disallowance u/s. 14A in the computation of book profit u/s. 115JB - HELD THAT:- As in case M/s. Bhushan Steel Limited and others [2015 (9) TMI 1424 - DELHI HIGH COURT] holding that no disallowance can be made u/s. 14A in the computation of income u/s. 115JB. We respectfully follow the same and allow the ground of appeal. Disallowance of weighted deduction u/s. 35(2AB) - amount not allowed by the DSIR and held to be ineligible for the weighted deduction u/s. 35(2AB) - HELD THAT:- As decided in own case [2019 (10) TMI 776 - ITAT PUNE] observing that the amendment in the relevant rules came into force only from 01-07-2016 which would not apply to mar the claim of the assessee for the weighted deduction. After considering the facts, the Tribunal granted weighted deduction on the amount not allowed by the DSIR. Since the facts and circumstances of the instant ground are similar, respectfully following the precedent, we allow this ground of appeal. Claim of deduction of Education Cess paid for the year - HELD THAT:- This issue is no more res integra in view of the judgment of Hon'ble jurisdictional High Court in Sesa Goa Lt. [2020 (3) TMI 347 - BOMBAY HIGH COURT] in which it has been held that Education Cess is not disallowable expenditure u/s. 40(a)(ii) of the Act. Similar view has earlier been taken by the Hon'ble Rajasthan High Court in Chambal Fertilisers and Chemicals Ltd. and Another [2018 (10) TMI 589 - RAJASTHAN HIGH COURT] - We, ergo, direct to allow deduction for such an amount after verification.
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