TMI Blog2022 (1) TMI 1253X X X X Extracts X X X X X X X X Extracts X X X X ..... issue afresh in the light of decision of the Tribunal in assessee s own case - Needless to say A.O. shall decide the issue as per fact and law after giving due opportunity of being heard to the assessee. Appeal of the Assessee is allowed for statistical purposes. - ITA No. 5891/Del./2018 - - - Dated:- 13-1-2022 - SHRI R.K. PANDA, ACCOUNTANT MEMBER AND MS. SUCHITRA RAGHUNATH KAMBLE, JUDICIAL MEMBER For the Assessee : Shri Atul Ninawat, C.A. For the Revenue : Shri Kumar Padmapani Bora, Sr. DR ORDER PER R.K. PANDA, A.M. This appeal filed by the assessee is directed against the order dated 30.07.2018 of the Ld. CIT(A)-35, New Delhi, relating to the A.Y. 2014-15. 2. The grounds raised by the assessee are as under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed submission and arguments placed on record by the appellant company. 2. The above grounds are without prejudice to each other. 3. The Appellant craves to add to, alter, modify, substantiate, delete and/or to rescind all or any of the grounds of appeal on or before the final hearing, if necessity so arises . 2. Facts of the case, in brief, are that the assessee is a company engaged in the business of technical and management consultancy. It filed its return of income on 30.11.2014 declaring total income of Rs.31,21,65,360/-. During the course of assessment proceedings, the A.O. observed that the assessee has earned following exempt income:- Exempt Income Section Amount ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rule 8D at Rs.l,04,14,880/-and after reducing the suo-moto disallowance done by the appellant of Rs.79,880/-, the AO added Rs.1,03,35,000/- to the income of the appellant. The AO has recorded his satisfaction that the appellant had not correctly worked out the expenses attributable to the earning of exempt income and has held that Rule 8D of I.T. Rule 1962 is squarely applicable in this case. Since, the Appellant Company could not justify the method adopted by it for determination of disallowance u/s. 14A, the AO correctly held that the method provided under Rule 8D of I.T. Rule, 1962 is applicable in this case. In view of the decision of the Hon'ble Supreme Court in the case of Maxopp Investment Ltd. vs. CIT, New Delhi (civil Appeal n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11.70% - - Investment in Mutual Funds Equity 3,00,00,000 1.40% - Total 2,08,29,75,840 100% 71,52,333 5,05,67,925 3.2. Referring to the decision of the Tribunal in assessee s own case for the A.Ys. 2009-10 to 2013-14, he submitted that similar issue has been restored to the file of A.O. by the Tribunal. He submitted that he has no objection for restoring the matter to the file of A.O. in the light of decision of the Tribunal in assessee s own case for the earlier assessment years. 4. The Ld. D.R. on the other h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , however, submitted that facts circumstances and questions of law involved this year are identical to the ones involved for the assessment years 2009-10, 2010-11 and 2011-12, in which years, a coordinate Bench of this Tribunal in ITA.No.4563/ Del/2012 for assessment year 2009-10, 1057/ Del/ 2014 for A. Y. 2010-11 and 2148/Del/2015 for A. Y. 2011-12, restored the issue back to the file of Assessing Officer to consider the issue afresh in the light of observations made in ITA No. 4563/Del/2012 for assessment year 2009-10. Learned AR prayed that this issue for this year may also be restored back to the file of Assessing Officer to consider the same in consonance with the view to be taken for assessment year 2009-10. 5. In view of the adm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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