TMI Blog2014 (12) TMI 260X X X X Extracts X X X X X X X X Extracts X X X X ..... Rule 8D of the Income Tax Rules, 1962 - during the course of remand proceedings, the AO will go into the question of disallowance u/s 14A of the Act made by the assessee and after examination, if he is not satisfied with the claim, he can proceed as per law - the observations of the Tribunal that there was implicit satisfaction of the AO and explicit satisfaction of the CIT(A) is to be set aside – though it was kept open to the AO to examine the claim of the assessee as per Section 14A of the Act and proceed in accordance with law - Decided in favour of assessee. - ITA 585/2014 - - - Dated:- 3-12-2014 - Sanjiv Khanna And V. Kameswar Rao,JJ. For the Appellant : Mr. M. S. Syali, Sr. Advocate with Mr. Mayank Nagi, Advocate. For ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... penditure has been incurred by him in relation to income which does not form part of the total income under this Act: Provided that nothing contained in this section shall empower the Assessing Officer either to reassess under section 147 or pass an order enhancing the assessment or reducing a refund already made or otherwise increasing the liability of the assessee under section 154, for any assessment year beginning on or before the 1st day of April, 2001. 3. The aforesaid provision was interpreted by the Delhi High Court in Maxopp Investment Ltd. versus CIT [2010] 347 ITR 272 (Del) and it was held that sub-section (2) to Section 14A of the Income Tax Act, 1961 (Act, for short) mandates and requires the Assessing Officer to record ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessing Officer is not satisfied, he can record his dissatisfaction and thereafter proceed as per law. Learned counsel for the appellant-assessee submits that in preceding two years, pursuant to the order of remand passed by the Tribunal, the matter is pending before the Assessing Officer. 8. The net effect of the aforesaid statement is that during the course of remand proceedings, the Assessing Officer will go into the question of disallowance under Section 14A of the Act made by the assessee and after examination, if he is not satisfied with the claim, he can proceed as per law. 9. In view of the said statement, we would not like to examine the controversy and question, whether the satisfaction recorded by the Assessing Officer wa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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