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2023 (12) TMI 35 - HC - Income TaxDisallowance u/s 14A r.w.r. 8D - administrative expenses that would possibly have been incurred to earn exempt income - Tribunal ruled in favour of the respondent/assessee, and thus, deleted the entire addition made by the AO as assessee had sufficient interest-free funds available with it to make investments in the AY in issue - HELD THAT:- Reasons given by the Tribunal in deleting the disallowance are unimpeachable. The facts, as noted above, are not in dispute. Concededly, the interest-free funds available to the respondent/assessee were more than the investments made in the AY in issue. Furthermore, as noted by the Tribunal, the AO had not recorded his dissatisfaction [having regard the accounts of the respondent/assessee] before discarding the suo motu disallowance made by the respondent/assessee and triggering disallowance qua the respondent/assessee. This issue is no longer res integra insofar as this court is concerned. [See Coforge Ltd. case [2021 (7) TMI 346 - DELHI HIGH COURT]] Deletion of Non-refundable golf club membership fee - Before concluding, we may also note that the record shows that a coordinate bench of this court [2019 (1) TMI 602 - DELHI HIGH COURT], had ruled that insofar as the deletion on account of non-refundable golf club membership fee, was concerned, the said issue was covered against the appellant/revenue by the decision [2012 (3) TMI 617 - DELHI HIGH COURT], in the case concerning DLF Commercial Ltd. The court also noted that the Special Leave Petition (SLP) [2013 (3) TMI 792 - SC ORDER] filed against the said decision had been dismissed.
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