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Shri Nandlal J. Agarwal Versus Dy. Commissioner of Income-tax, Circle-1, Ahmedabad

2015 (7) TMI 1139 - ITAT AHMEDABAD

Disallowance under section 14A read with Rule 8D - Held that:- In the light of the judgment of Hon’ble Jurisdictional High Court in the case of CIT vs. Corrtech Energy (P) Ltd. (2014 (3) TMI 856 - GUJARAT HIGH COURT) the disallowance under section 14 .....

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, the disallowance under section 14A must be held to be unsustainable in law. As for the question whether this plea can be taken up in the second round of proceedings, we find that it is a purely legal and fundamental issue which can be taken up befo .....

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E R Per Pramod Kumar, AM: By way of this appeal, the assessee has called into question correctness of learned CIT(A) s order dated 17th February, 2011, in the matter of assessment under section 143(3) r.w.s. 254 of the Income-tax Act, 1961 for the as .....

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. 1. Disallowance u/s 14A r.w. Rule 8D - ₹ 7,02,596/- 1. The ld. CIT(A) has erred in law and on facts in confirming the disallowance of ₹ 7,02,596/- made by the AO u/s 14A r.w. Rule 8D without properly appreciating the facts of the case a .....

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Court in the case of Godrej & Boyce Mfg. Co. Ltd. Vs. DCIT & Anr 234 CTR (Bom) 1 (2010). 3. The ld. CIT(A) has failed to consider the case laws relied upon by the appellant. The appellant reserves its right to add, amend, alter or modify any .....

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u/s 14A when the matter travelled in appeal before a co-ordinate bench of this Tribunal, the matter was remitted to the file of the Assessing Officer with a direction to make the disallowance under section 14A read with Rule 8D and for that purpose, .....

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re us. 3. We have heard the rival contentions, perused the material on record and duly considered facts of the case in the light of the applicable legal position. 4. As learned counsel for the assessee rightly points out and in the light of the judgm .....

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