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2015 (11) TMI 189

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..... . Disallowance made under section 14A on account of interest expenses - ITAT deleted addition - Held that:- It is an admitted position between the parties that against the order passed by the Tribunal in relation to assessment year 2003-04, revenue had preferred appeal wherein by an order of even date this court has dismissed the ground of appeal. Under the circumstances, for the reasons stated in the above tax appeal, this appeal is also not entertained qua the said question. - Tax Appeal No. 603 of 2015 - - - Dated:- 15-9-2015 - Harsha Devani And A G Uraizee, JJ For the Petitioner : Mrs Mauna M Bhatt, Adv For the Respondent : Mr Saurabh Soparkar, Sr. Adv. with Mr B S Soparkar ORDER ( Per : Honourable Ms. Justice .....

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..... enses under section 14A by applying rule 8D of the Income Tax Rules, 1962. The Assessing Officer also disallowed expenditure of ₹ 4,080/- incurred in respect of salary and other perquisites of staff at the residence of the Chairman. 3. As regards proposed question No.1, which relates to the disallowance of expenditure of ₹ 4,080/- incurred in respect of salary and other perquisites of staff at the residence of the Chairman, the Commissioner (Appeals) upheld the disallowance. The Tribunal followed its earlier decision in assessee s own case for assessment year 2003-04 and deleted the disallowance. In this regard, this court is prima facie of the opinion that if any staff is deployed at the residence of the Chairman for the pur .....

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..... of ₹ 4,42,276 and deleted the expenditure out of administrative expenses for the reason that the expenditure incurred out of administrative expenses to realize the tax free income was very negligible. The revenue preferred appeal before the Tribunal in relation to the deletion of disallowance of ₹ 19,01,476/- while the assessee preferred appeal against confirmation of disallowance of ₹ 4,42,276/-. The Tribunal in ITA No.1324/Ahd/2008, from which this appeal arises, followed its earlier decision in the assessee s own case for assessment year 2003-04 and dismissed the ground of appeal. 5. It is an admitted position between the parties that against the order passed by the Tribunal in relation to assessment year 2003-04, r .....

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