TMI Blog2022 (7) TMI 221X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee. As the details filed by the assessee were not considered by the Assessing Officer while passing the assessment order and the appeal filed by the assessee before the learned CIT(A) was also dismissed only on the ground of delay, we deem it appropriate to restore this issue of disallowance under section 14A to the file of the Assessing Officer for de novo adjudication, after consideration of all the details filed by the assessee. Needless to mention that no order shall be passed without affording opportunity of being heard to the assessee. Thus, grounds raised in this appeal by the assessee are allowed for statistical purpose. - ITA No.1481/Mum./2021 - - - Dated:- 4-7-2022 - Shri Sandeep Singh Karhail, Judicial Member And Shri G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee an opportunity of furnishing the copy of rectification application filed u/s. 154 of the Act to substantiate the delay in filing the appeal. 2(a) The Id. Assessing Officer erred in facts and law in disallowing amount of Rs.3,09,852/- u/s 14A read with Rule 8D without appreciating the explanations placed on record. (b) The Id. Assessing Officer erred in facts and law in stating that the assessee failed to establish a direct nexus between funds received and investment made which was in fact already placed on record. 3. Your appellant craves leave to add, amend, alter or drop all or any of the above grounds of appeal. 3. The brief facts of the case pertaining to the issue, as emanating from the record, are: The ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vide submissions dated 23/08/2018, were not considered by the Assessing Officer while making the addition under section 14A of the Act. Accordingly, the assessee filed an application dated 11/06/2019, under section 154 of the Act seeking rectification of the assessment order. The learned A.R. further submitted that due to verbal assurance that the assessment order will be rectified, appeal before the learned CIT(A) was not preferred within the stipulated period of time. The learned A.R. submitted that the said rectification application is still pending despite various follow ups made by the assessee. 7. On the other hand, the learned D.R. fairly agreed that the decision on the rectification application will have bearing on disallowance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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