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2013 (7) TMI 647 - ITAT DELHISection 14A of the Income Tax Act, 1961 – Held that:- Dividend income received from IFFCO-Tokyo General Insurance Co. Ltd. The assessee has not incurred any expenditure and hence, section 14A is not at all attracted. Deduction, if not made any valid claim in the return of income – Held that:- Relying upon the apex court decision in the case of Goetze (India) Ltd. v. CIT [2006 (3) TMI 75 - SUPREME Court] , assessee can raise the issue during the course of assessment, if not claimed in the return of income - Decided in favor of Assessee. Capital Expenditure being disallowed - Disallowance of Rs. 6,17,364 being amount written off in the previous year relevant to the assessment year towards amortisation of lease amount paid towards land obtained from Noida authorities – Held that:- Tribunal in the assessee's own case for the assessment year 2004-05 has held that the said expenditure was capital in nature and not deductible in computing the income – In an analogical issue in the case Deputy CIT v. Sun Pharmaceuticals [2009 (3) TMI 587 - Gujarat High Court], decision has been rendered in favour of the assessee - However, since this Tribunal in the assessee's own case has taken a view, therefore adhering to the doctrine of precedence, relying upon the decision of the co-ordinate Bench of the Tribunal in the assessee's own case decided the issue against the assessee.
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