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TMI Blog2014 (6) TMI 372X X X X Extracts X X X X X X X X Extracts X X X X ..... avour of Assessee. Deletion of disallowance u/s 14A of the Act – Held that:- As decided in assessee’s own case for the earlier assessment year, it has been held that the assessee has got sufficient interest free funds and the investments were made out of interest free funds only - there is no reason to interfere with the order passed by CIT(A) - the investments have been made out of interest free funds and further the investments continue in the year also – there is no reason to take a contradictory stand – thus, the order of the CIT(A) is upheld. Expenses claimed on repair of New Sand bins – Held that:- The AO has disallowed the claim on the reasoning that it was capital expenditure - the Sand bins were already in existence and they ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee, granted partial relief. Aggrieved, both the parties have filed appeals before us on the above said issues. 5. We shall take up the appeal filed by the assessee with regard to the claim for deduction u/s 80IA of the Act. The assessee submitted that the similar claim made in the immediately preceding year, i.e., AY 2008-09 was considered by the co-ordinate bench of Tribunal and the Tribunal, vide its order dated 19-06-2013 in ITA No.413/Mum/2012, has set aside the matter to the file of the Ld CIT(A) for passing fresh order in the light of observations made by the Tribunal in assessee s own case in ITA No.8234/Mum/2010 and ITA No.8216/Mum/2010 relating to the assessment year 2007-08. Accordingly, he submitted that this issue may also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the Tribunal in the assessee s own case with the understanding that the Tribunal has confirmed the disallowance of claim made u/s 80IA of the Act. A perusal of the order passed by the Tribunal for assessment year 2008-09 (referred supra) would show that the ITAT has upheld the disallowance made u/s 80IA only in respect of the projects undertaken in the earlier years. In respect of the projects undertaken during the years relevant to the assessment years 2007-08 and 2008-09, the matter of claim for deduction u/s 80IA was restored back to the file of the Ld CIT(A) for fresh examination. Consistent with the view taken by the Tribunal in the earlier years, we restore the matter relating to deduction u/s 80IA in respect of the projects und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... racted the order passed by Ld CIT(A) in that year, wherein the first appellate authority has examined the financial position of the assessee in detail and has come to the conclusion that the assessee has got sufficient interest free funds and the investments were made out of interest free funds only. Accordingly, the Tribunal, in AY 2008-09, has held that there is no reason to interfere with the order passed by Ld CIT(A). Since the Tribunal has upheld the finding given by the first appellate authority that the investments have been made out of interest free funds and further the said investments continue in this year also, we also do not find any reason to take a contradictory stand. Accordingly, we uphold the order of Ld CIT(A) on this iss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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