TMI Blog2019 (11) TMI 132X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the date of pronouncement of this order after granting a reasonable opportunity of being heard to the assessee. Accordingly, the issue relating to the applicability of the proportions under clause (ii) of Rule 8D(2) of the Rules is allowed for statistical purposes. Applicability of the provisions of clause (iii) of Rule 8D(2) of the Rules - HELD THAT:- Assessee did not have much to argue in this respect except relying on the ground. On perusal of the order of the CIT(A), we find the CIT(A) rightly complied with the provisions of the said clause (iii) of Rule 8D(2) of the Rules. Therefore, we find no reasons to interfere with the same. Accordingly, the relevant ground on this issue stands dismissed. - ITA No.2770/PUN/2016, 783/PUN ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of section 14A of the I.T. Act r.w. Rule 8D(2) of the I.T. Rules for the assessment year 2012-13 and disallowed an addition of ₹ 22,09,971/- invoking the provisions of clauses (ii) and (iii) of the said Rule 8D(2) of the Rules. 5. Aggrieved with the said addition made by the Assessing Officer, the assessee filed an appeal before the CIT(A). 6. Regarding the addition made under clause (ii) of Rule 8D(2) of the Rules, the CIT(A) considered the written submission of the assessee and referred to the various judicial pronouncements on this issue which held in favour of the proportionate disallowance of claim of interest. The CIT(A) observed that the accounts of the assessee are maintained on a mixtur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee is yet to be acted upon even after the lapse of couple of years. 10. Therefore, in our view, we should direct the Assessing Officer to give effect to the said direction of the CIT(A) by passing a speaking order after considering the principle of proportion , principle of presumption and the Jurisdictional High Court s judgement in the cases of (i) CIT vs. Reliance Utilities Powers Ltd., 313 ITR 340 (Bom.) and (ii) HDFC Bank Ltd. vs. CIT, 383 ITR 529 (Bom.) etc. Accordingly, the Assessing Officer is directed to pass a speaking order in a time bound manner within the three months from the date of pronouncement of this order after granting a reasonable opportunity of being heard to the assessee. Accordingly, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 03 (sic.) under clause (iii) of Rule 8D(2) of the Rules]. Against the said addition made by the Assessing Officer, the assessee filed an appeal before the CIT(A). 17. The CIT(A) partly allowed the appeal of the assessee. Aggrieved with the said decision of the CIT(A), the assessee as well as the Revenue are in cross appeals before us. 18. Before us, ld. Counsel for the assessee fairly submitted that the Assessing Officer has given effect to the direction of the CIT(A) by passing a speaking order dated 30.01.2018 which is subsequent to the filing of appeal by the assessee before the Tribunal. The appeal is filed by the assessee on 26.04.2017. Mentioning the relief granted by the Assessing Officer in the mo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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