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TMI Blog2019 (2) TMI 1647X X X X Extracts X X X X X X X X Extracts X X X X ..... e, the ld CIT (A) directed the AO to grant the relief to the assessee after examining the details. However, on appeal before Tribunal the AO was specifically directed to allow the expenses as in the earlier year by calculating the same by taking the current year s figure. We have noted that on the request of the assessee the Tribunal modified the direction of CIT(A) and directed the AO to allow the expenses as per direction given in earlier year. Disallowance u/s 14A - whether the investments which did not yield any dividend were not excluded while calculating the disallowance? - HELD THAT:- As decided in assessee's own case AO has included those investments which yielded no exempt income during the year for the purpose of calculatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directed against the order of ld. Commissioner of Income-tax (Appeals)-3, Mumbai (the ld. CIT(A) dated 14.03.2017, which in turn arises from the assessment order passed by Assessing Officer under section 143(3) of the Act dated 23.02.2012 for Assessment Year 2012-13. The assessee has raised the following grounds of appeal: 1) The appellant submits that the learned Commissioner of Income Tax (Appeals) erred in not allowing deduction amounting to ₹ 28,14,276/-, in respect of expenses incurred on providing amenities to tenants, while computing income under the head Income from House Property . 2) Without prejudice, the Commissioner of Income Tax (Appeals) erred in not allowing deduction amounting to ₹ 1,84,170 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e s own case for AY 2011-12 in ITA No. 414/Mum/2017 dated 24.07.2017. 3. Ground No.1 2 relates to disallowance of deduction in respect of various expenses under the head Income from House Property . The ld. AR of the assessee submits that these grounds of appeal are covered by the decision of Tribunal in assessee s own case for Assessment Year 2011-12 in ITA No. 414/Mum/2017 dated 24.07.2017, wherein similar grounds of appeal was restored to the file of Assessing Officer. 4. On the other hand, the ld. Departmental Representative (DR) for the Revenue submits that he has no objection, if these grounds of appeal are restored to the file of Assessing Officer. 5. We have considered the submission of both the part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are restored to the file of Assessing Officer with the direction to the Assessing Officer to allow the appropriate relief to the assessee as per the direction contained in Tribunal s order dated 24.07.2018. In the result, ground no. 1 2 of appeal are allowed. 7. Ground No. 3 to 5 relates to disallowance under section 14A. The ld. AR of the assessee submits that these grounds of appeal are also covered by the decision of Special Bench of Delhi Tribunal in case of ACIT vs. Vireet Investment P. Ltd. (165 ITD 27), wherein it was held that only investment yielding exempt income has to be considered for calculating average investment for making disallowance. The ld. AR of the assessee further submits that similar issue was restored to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tored to the file of assessing officer to pass the order afresh by following the direction in appeal for AY 2011-12. In the result this ground of appeal is allowed for statistical purpose. 11. Ground No. 6 7 relates to making adjustment in book profit under section 115JB of the Act on disallowance under section 14A. The ld. AR of the assessee submits that these grounds of appeal are also covered by the decision of Special Bench of Delhi Tribunal in Vireet Investment P. Ltd. (supra). 12. On the other hand, the ld. DR for the Revenue submits that necessary direction may be given to the Assessing Officer to follow the decision of Special Bench. 13. We have considered the submission of both the parties. We have a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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