TMI Blog2022 (9) TMI 1466X X X X Extracts X X X X X X X X Extracts X X X X ..... enue. Disallowance of prior period expenses - CIT-A deleted the addition - HELD THAT:- DR could not submit anything to show that how there is any difference of facts or law in regard to the issue when the same has been decided in Assessee s own case by the order of Tribunal in preceding years. AO made addition relying on the orders for preceding years and the ld CIT(A) had deleted the addition relying on the decision of the tribunal in Assessee s own case for Assessment Year 2009-10. Thus, there is no substance in the ground. The same is decided against the revenue. - ITA No. 5524/Del/2018 - - - Dated:- 29-9-2022 - SHRI N. K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER For the Assessee : Shri Ved Jai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... b. Disallowance of prior period expenses of Rs 2,23,09,000/- Assessee made detailed submissions for no further disallowance u/s 14 A read with Rule 8D of Rs 33,22,982/- as follows:- a. The assessee has himself disallowed Rs 9,42,336/- as per applicable Clause (2) and sub clause (ii) of Rule 8D under the I-Tax Rules 1962 r/w sec 14A b. The Assessee made detailed submission that no disallowance vide clause (2) sub clause (ii) of Rule 8D is applicable on the Assessee on the following basis :- i. Interest expenses have been exclusively used for earning taxable income only. ii. All investments in subsidiary companies are Non Cash Investments and no bank funds were ever used. The non cash investments mainly consist of investments ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r dated 03.04.2017 2009-10 1. CIT (A) order dated 31.01.2013 2. ITAT order dated 19.11.2014 2008-09 CIT (A) order dated 08.08.2011 2007-08 CIT (A)-38 order dated 27.01.2017 4. The Ld. CIT(A) followed the previous years findings of CIT (A)/ITAT and allowed the appeal. 5. Now before this Tribunal the revenue has raised the following grounds of appeal:- 1. That on the facts and circumstances of the case and in law, the order dated 20th Dec 2017 passed by Ld Addl CIT Range-6, (hereinafter called A.O.) is bad in law and against the circumstances of the case. 2. That the disallowance o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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