TMI Blog2017 (2) TMI 1418X X X X Extracts X X X X X X X X Extracts X X X X ..... disallowance can be made only on the balance amount of investment placing reliance on KOTAK MAHINDRA CAPITAL COMPANY LIMITED [ 2015 (1) TMI 1289 - ITAT MUMBAI] , JM FINANCIAL CONSULTANTS PVT. LTD. (NOW KNOWN AS JM FINANCIAL INSTITUTIONAL SECURITIES P. LTD.) [ 2015 (11) TMI 1061 - ITAT MUMBAI] and CHEMINVEST LIMITED [ 2015 (9) TMI 238 - DELHI HIGH COURT] HELD THAT:- This issue has been decided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal has been filed by the assessee against the order of Commissioner of Income Tax (hereinafter referred as Ld. CIT(A) ) Mumbai-38, dated 27/11/2013 passed against the assessment order of the Assessing Officer (in short AO ) u/s 143 (3) dated 30/01/2011 for AY 2009-10 on the following grounds. Ground I 1. On the facts and circumstances of the case and in law, the Learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore prays that the A.O. directed to consider only shares mutual Fund on which dividend was received for the purpose of Rule *D. Ground III The appellant craves its leave to add to, alter, modify, delete all/or any of the Grounds of Appeal. 2.The solitary issue raised in this appeal is with respect to disallowance made u/s 14A. During the course of hearing it wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tal Company Ltd vs. DCIT (ITA No. 5748 and 248 of 2012) (Mum. Trib). Per contra Ld. DR relied upon the order of Lower Authorities. 3.We have considered the submissions made by the Ld. Counsel before us and find that this issue has been decided in favour of the assessee in the judgements relied upon before us. Therefore, accepting the request of the assessee, we send this issue back to th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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