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2018 (12) TMI 406 - AT - Income TaxAdditional grounds/claims - Entitlement to make claim in the assessment proceedings u/s. 153A, though the same were not made in the earlier assessment proceedings u/s.143 - Held that:- When the issue has been decided in favour of the assessee by placing reliance upon decisions including that of the honourable apex court in SHELLY PRODUCTS AND ANOTHER [2003 (5) TMI 4 - SUPREME COURT] we find that the same will prevail over other case laws referred by the learned departmental representative in absence of any direct Hon'ble jurisdictional High Court decision on this issue. As reiterated in the case of Asst. CIT vs. Shri Dilip Chimanlal Gandhi [2018 (8) TMI 271 - ITAT MUMBAI] wherein it was held that insofar as charging provisions are concerned, if two views on possible one in favour of the assessee should be adopted, in contradiction to the exemption provisions, where if two views are possible one in favour of the Revenue should be adopted. Accordingly, in view of the aforesaid precedent's including that from the Hon’ble Apex Court we hold that assessee was entitled to make claim in the assessment proceedings u/s. 153A, though the same were not made in the earlier assessment proceedings u/s.143 of the act. Disallowance u/s. 14A - MAT computation - Held that:- As regards the ground with regard to disallowance u/s. 14A is concerned the same has been done in accordance with ITAT direction. Hence, we find no reason to interfere in the same. As regards disallowance u/s. 115 JB is concern, we find that the same is not as per rule 8D of section 14A, it is on reasonable basis, which in our view is in accordance with the mandate of the Special Bench of the Tribunal in the case of Vireet Investment Pvt. Ltd. and ANR.[2017 (6) TMI 1124 - ITAT DELHI]. Accordingly we do not find any infirmity in the ld CIT-A's direction in this regard.
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