TMI Blog2021 (5) TMI 940X X X X Extracts X X X X X X X X Extracts X X X X ..... llowance u/s 14A - HELD THAT:- Having considered rival contentions, we find from materials on record that in the year under dispute, the assessee had not actually earned any exempt income. That being the case, the question of disallowance under section 14A r.w.r.8D would not arise. In fact, while considering identical issue in assessee s own case in assessment year 2014-15 [ 2019 (6) TMI 1621 - ITAT MUMBAI] the Tribunal in the order referred to above, deleted the disallowance made by the assessing officer in absence of any exempt income earned during the year. In view of the aforesaid, we uphold the decision of learned Commissioner of Income-tax (Appeals) by dismissing the ground. - I.T.A. No.3491/Mum/2018 - - - Dated:- 3-5-2021 - Shr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee has debited certain expenditure for making payments to port employees and some other expenditure, which are otherwise not sanctioned as per law of the land. He further observed, the amount claimed as expenditure was neither credited nor debited to the P L Account, but were routed through the balance-sheet. Further, he observed, the assessee, on its own has disallowed 25% out of such expenditure and claimed deduction of the balance amount. While doing so, the assessee has referred to a decision of the Tribunal in case of a group company. The assessing officer, however, did not accept the claim of the assessee and concluded that the expenditure claimed not being sanctioned by law, cannot be allowed. Since, the assessee itself had disallowe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion of learned Commissioner of Income-tax (Appeals) in deleting the additional disallowance made by the assessing officer. Facts being identical, respectfully following the aforesaid decision of the Tribunal in assessee s own case, we uphold the order of learned Commissioner of Income-tax (Appeals) on the issue. Ground raised is dismissed. 7. In ground 2, revenue has challenged the deletion of disallowance of ₹ 13,54,609/- under section 14A of the Income-tax Act, 1961. 8. Before us, the learned Senior Counsel for the assessee as well as learned Departmental Representative have agreed that the issue is covered in favour of the assessee by the decision of the Tribunal in assessment year 2013-14. Having considered rival contention ..... X X X X Extracts X X X X X X X X Extracts X X X X
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