2018 (10) TMI 1694

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..... t shown any dissatisfaction with the disallowance under section 14A r.w.r. 8D offered suo motu by the assessee. Learned Departmental Representative has not disputed this factual aspect. In view of these discussions, the impugned disallowance under section 14A r.w.r. 8D, as challenged in appeal before us, stands deleted. In the result, appeal of the assessee is allowed. DR fairly accepts that if th .....

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..... r adjudication in this case is whether the Assessing Officer, without recording any dissatisfaction with the suo motu disallowance offered by the assessee under section 14A, invoked rule 8D r.w.s. 14A, and that this issue is covered, in favour of the assessee, by the decision of a co-ordinate bench in assessee's own case for the immediately preceding assessment year. A copy of the said decision wa .....

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..... hallenged in appeal before us, stands deleted. 5. In the result, appeal of the assessee is allowed. 6. Learned Departmental Representative fairly accepts that if the appeal of the assessee, on this issue i.e. 14A disallowance, is to be allowed, the grievance raised by the revenue will be rendered infructuous. As the appeal of the assessee on this issue is allowed, the appeal of the revenue on .....

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