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2020 (3) TMI 935 - AT - Income TaxDisallowance u/s 14A r.w.r. 8D - whether no tax- free income has been earned by the assessee, and also, there are no fresh advances - HELD THAT:- As both sides have agreed at the time of hearing before us, that all the relevant facts required for adjudicating the issues in dispute are presently not available on record and also; both as sides have submitted that the issues in dispute in both the appeals should be remanded to the file of the Assessing Officer for fresh order in accordance with law, having regard to the relevant facts and circumstance; after taking into consideration the aforesaid precedents. In view of the foregoing, and as both sides have agreed at the time of hearing before us, we set aside the impugned appellate orders dated 01.04.2014 and 20.01.2015 of the Ld. CIT(A) and restore the issues in both the appeals to the file of the Assessing Officer for passing fresh order as per law after considering the aforesaid precedents namely order dated 08.02.2016 of Co-ordinate Bench of ITAT, Delhi in assessee’s own case for Assessment Years 2007-08 & 2008-09 [2016 (3) TMI 365 - ITAT DELHI], Principal Commissioner Vs. DLF Home Developers Ltd. [2019 (1) TMI 1536 - DELHI HIGH COURT] , Principal Commissioner Vs. IL & FS Energy Development Company Ltd. [2017 (8) TMI 732 - DELHI HIGH COURT] and Maxopp Investment Ltd. vs. Commissioner of Income Tax [2018 (3) TMI 805 - SUPREME COURT] - Appeal allowed for statistical purposes.
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