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2018 (5) TMI 745 - ITAT KOLKATADisallowance u/s 14A r.w.r. 8D - disallowance in relation to its exempt income (s) without establishing the relevant nexus between the corresponding income and expenditure - Held that:- CIT(A) has already granted relief to the assessee in former two assessment years 2010-11 and 2011-12 deleting proportionate interest expenditure disallowance under Rule 8D(2)(ii) of Income Tax Rules. It further transpires that the assessee had suo moto disallowed the relevant direct and administrative expenditure in the two assessment years. Learned counsel fails to dispute the same during the course of hearing. We therefore see that there can hardly be any grievance on assessee’s part so far as these two remaining components of the impugned disallowance are concerned. The assessee had not challenged the said two disallowance (s) during the lower appellate proceedings as well. The assessee’s grievance is not maintainable therefore. Denying section 80IE deduction in respect of its unit/garden situated in north-east - Held that:- As referring to assessee's own case [2018 (4) TMI 1511 - ITAT KOLKATA] we adopt judicial consistency in all these three assessment years to remit the instant issue as well back to the Assessing Officer for the purpose of limited verification on quantum of investment in plant and machinery the concerned. The assessee’s latter grievance is accepted for statistical purposes accordingly.
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