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TMI Blog2019 (4) TMI 1524X X X X Extracts X X X X X X X X Extracts X X X X ..... T Rules. Accordingly we confirm the order passed by Ld CIT(A) on this issue. Non-granting of credit for Foreign Tax - HELD THAT:- CIT(A) has already restored this issue to the file of the AO with the direction to examine the claim of the assessee. Hence we do not find it necessary to give any other direction except stating that the AO shall allow the credit in accordance with the law. - ITA. No.1726/Bang/2016 - - - Dated:- 24-4-2019 - Shri N.V. Vasudevan, Vice President And Shri B.R. Baskaran, Accountant Member For the Assessee : Sri K.R. Vasudevan For the Revenue : Dr. P.V. Pradeep Kumar, Addl. CIT ORDER PER B.R. BASKARAN, AM: The assessee ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... khs, which consisted of interest disallowance of ₹ 73.34 lakhs u/r 8D(2)(ii) and expenses disallowance of ₹ 22.39 lakhs u/r 8D(2)(iii) of I.T Rules. Accordingly he granted relief of ₹ 60.10 lakhs. Aggrieved by the order so passed by Ld CIT(A), both the parties filed appeal before the Tribunal. 5. The co-ordinate bench of Tribunal, vide its order dated 06-09-2013 passed for AY 2008-09, restored the issue to the file of AO for examination of following questions with regard to the disallowance made u/s 14A of the Act. (a) Whether there was any nexus between the borrowed funds on which interest was paid and the investments made. (b) Whether the AO had verified the correctness of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the disallowance of ₹ 22.39 lakhs made by the AO in the consequential order is beyond the scope of remand made by the Tribunal and accordingly contended that the same should be deleted. On the contrary, the Ld D.R submitted that the above said disallowance of ₹ 22.39 lakhs was made by the Ld CIT(A) u/r 8D(2)(iii) in the first round itself and it has been accepted by the assessee in the first round. 9. Having heard rival submissions, we are of the view that there is no merit in the submissions made by Ld A.R. We noticed that the Ld CIT(A), in the first round, had made disallowance of ₹ 22.39 lakhs under Rule 8D(2)(iii) of I T Rules. The main contention of the assessee before the Tribunal, in the first roun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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