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2023 (5) TMI 1169 - AT - Income TaxDisallowance u/s 14A - assessee made suo-moto disallowance u/r 8D(2)(iii) after taking into account only those investments which actually yielded exempt income in calculating amount of average investment - as per CIT-A only those investments on which exempt income has been earned in the year under consideration can only be considered for computation of disallowance under Rule 8D as relying on ACB India Ltd case [2015 (4) TMI 224 - DELHI HIGH COURT] - HELD THAT:- No error or infirmity in the order of the Ld.CIT(A) and find no justification to interfere with the order of the Ld.CIT(A) . Accordingly, the Ground No. 1 of the Department is dismissed. Disallowance as prior period expenses - AO made the disallowance by relying upon the order passed in the preceding years in the Assessee’s own case - CIT(A) had deleted the addition of the preceding years by relying on the decision of the Tribunal in Assessee’s own case [2014 (11) TMI 1174 - ITAT DELHI] - HELD THAT:- No justification to interfere with the order of the Ld.CIT(A). Accordingly, the Ground No. 2 of the Department is dismissed.
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