TMI Blog2016 (11) TMI 1696X X X X Extracts X X X X X X X X Extracts X X X X ..... h Rule 8D of the Income Tax Rules, 1962, the Assessing Officer did not record as to how the expenditure as claimed by the assessee was not satisfactory, and considering the fact that the assessee had sufficient interest free fund, out of which the concerned investment had been made, it cannot be said that the learned Tribunal has committed any error in deleting the addition made by the Assessing O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edabad passed in I.T.No.2279/Ahd/2012 for Assessment Year 2009 2010 by which the learned Tribunal allowed the said appeal preferred by the assessee and deleted the addition of ₹ 1,65,35,529/made by the Assessing Officer on account of disallowance of expenditure directly attributable to capital work in progress and also deleted the addition of ₹ 1,22,12,831/made by the Assessing Offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed judgment and order passed by the learned ITAT deleting the addition of ₹ 1,65,37,529/made by the Assessing Officer on account of disallowance of expenditure directly attributable to capital work in progress. Permission is granted. The present appeal stands dismissed as withdrawn qua the aforesaid proposed substantial question of law No. A . 3. Now so far as the proposed substantial que ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this Court in the case of Principal Commissioner of Income Tax Vs. India Gelatine and Chemicals Limited, [2015] 376 ITR 553 (Guj.) ], and applying the said decision to the facts of the case on hand, and considering the fact that while making the addition of ₹ 1,22,12,831/made by the Assessing Officer under Section 14A of the Income Tax Act read with Rule 8D of the Income Tax Rules, 1962, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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