9911796707
TMI Blog2019 (5) TMI 1887X X X X Extracts X X X X X X X X Extracts X X X X ..... al filed by the assessee, pertaining to assessment year 2014-15 is directed against the order passed by the Commissioner of Income Tax (Appeal)-2, Kolkata, which in turn arises out of an assessment order passed by the Assessing Officer u/s 143(3) of the Income Tax Act, 1961 (in short the Act) dated 12.05.2016. 2. The solitary grievance of the assessee in this appeal is that the assessee claimed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wing the Supreme court decision in Goetze (India) Ltd. 284 ITR 323. 4. Aggrieved by the order of the Assessing Officer the assessee carried the matter in appeal before the Ld. CIT(A) who has dismissed the appeal of the assessee observing the following: "I have considered the grounds of appeal, statement of facts and submission of the authorized representative of the appellate company as well as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terms of Rule 24 of the Income Tax Appellate, Tribunal, Rules, 1963. 7. After hearing the ld. DR for the revenue, we note that the assessee did not file revised return to claim that no disallowance u/s 14A read with Rule 8D should be made. However, the assessee has claimed by submitting the letter to the Assessing Officer and the Assessing Officer could not entertain the claim as it was not eman ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that has to be considered while adjudicating the average value of investment for the purpose of rule 8D(2)(ii) and 8D(2)(iii) of IT Rules. The aforesaid view of Tribunal has been affirmed as correct by the Hon'ble Calcutta High court in GA No. 3581 of 2013 in the appeal against the order of the Tribunal in the case of REI Agro Ltd. supra. In addition to this, we note that if the assessee has its o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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