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2023 (10) TMI 1384 - DELHI HIGH COURTAddition u/s 14A r.w. rule 8D - assessee earned exempt income during the year and the provisions u/s 14A were mandatory provisions to arrive at correct real income, it was necessary to apportion the expenditure between taxable and non taxable income - 100% depreciation claimed on temporary erections - Asset used less than 180 days - addition of loss on shifting of securities from AFS/HTS category to HTM category - Disallowance u/s 36(1)(vii) - ITAT allowed all the ground in favour of assessee - HELD THAT:- Out of the proposed questions of law, question numbers (A) to (D) are covered by a decision rendered by this court in a bunch of appeals, the lead appeal Pr. Commissioner of Income Tax vs. Oriental Bank of Commerce (now merged with Punjab National Bank Ltd) [2023 (10) TMI 1244 - DELHI HIGH COURT] MAT provision applicability on assessee banking company - HELD THAT:- The said appeals concern AYs 2014-15, 2015-16 and 2013-14.We may note that during the said AYs, admittedly, the proposed question (E) was not raised by the appellant/revenue. Therefore, having regard to the principle of consistency, in our view, proposed question no. (E) cannot be considered in the aforementioned AY i.e., AY 2016-17.
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