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2021 (3) TMI 1370 - AT - Income TaxDisallowance u/s 14A r.w.r. 8D - HELD THAT - This Tribunal in assessee s own case 2021 (2) TMI 1296 - ITAT DELHI in view of the admitted position that the facts and circumstances involved for this year are identical to ones involved in assessment years 2009-10 2010-11 and 2011-12 in which the issue was restored to the file of Assessing Officer to take a fresh view in the light of directions given in 2014 (7) TMI 1314 - ITAT DELHI for assessment year 2009-10 we are of the considered opinion that the request of the assessee can be accepted. We accordingly while setting aside the impugned findings of the authorities below restore the issue to the file of Assessing Officer to decide the same in the light of the view to be taken for earlier assessment years. - Decided in favour of assessee for statistical purposes.
Issues:
1. Disallowance under section 14A of the Income Tax Act, 1961 read with rule 8D of the ITAT Rules, 1962. Detailed Analysis: The appeal before the Appellate Tribunal ITAT Delhi was against the order of the Commissioner of Income Tax [Appeals] concerning the Assessment Year 2012-13. The grievance of the assessee was the confirmation of the disallowance of Rs. 48,70,066/- under section 14A of the Income Tax Act, 1961, along with rule 8D of the ITAT Rules, 1962. The counsel for the assessee highlighted that in a similar case of the assessee, the Tribunal had previously sent the matter back to the Assessing Officer for reconsideration. The Tribunal noted that the Revenue failed to provide any distinguishing decision in their favor. Upon careful consideration of the facts, the Tribunal found merit in the contentions of the assessee based on previous judgments in the assessee's own case for other assessment years. The Tribunal referred to a previous order in the assessee's case for the assessment year 2013-14, where similar issues were addressed. The Tribunal acknowledged that the facts and circumstances for the current year were identical to those of previous assessment years, where the issue was remanded back to the Assessing Officer for fresh consideration. In line with the previous decisions and to maintain consistency, the Tribunal decided to set aside the lower authorities' findings and remand the issue back to the Assessing Officer for reevaluation. The Tribunal emphasized that the request of the assessee to reconsider the issue aligned with the approach taken for earlier assessment years, warranting a similar treatment in the present case. Considering the appellant's history and following the precedent set by the co-ordinate bench, the Tribunal directed the Assessing Officer to re-examine the issue in light of the previous judgments. Consequently, the appeal filed by the assessee was treated as allowed for statistical purposes. The order was pronounced in the open court in the presence of both parties on 31.03.2021, concluding the matter before the Appellate Tribunal ITAT Delhi.
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