9911796707
TMI Blog2021 (4) TMI 325X X X X Extracts X X X X X X X X Extracts X X X X ..... . The ld. AR submitted that the assessee was pursuing alternate remedy by filing petition u/s. 154 of the Income Tax Act, 1961 ('the Act') before the lower authorities which resulted in delay. In our opinion, there is a good and reasonable cause for delay of 110 days in filing the appeal before the Tribunal. Accordingly, we condone the delay and admit the appeal for adjudication. 2. The grounds of appeal raised by the assessee are as under : 1. The impugned Appellate order dated 08-02-2018 passed by the Learned CIT(A), Bangalore - 3 is opposed to law, facts and circumstances of the case. 2. The Ld. CIT(A) has erred in confirming the addition of Rs. 26,17,670/- which was disallowed by the AO u/s. 14A r.w. Rule 8D of the Act mech ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rplus and the investment made out of these funds, the Assessing Officer has not agreed with the contention of the assessee and passed the assessment order making the above addition. Aggrieved by the order of assessment, the assessee appealed before the CIT (Appeals) and pleaded before him that the investments related to exempted income which made in earlier years and not made in the Assessment Year 2013-14. The CIT (Appeals) observed that even if the investment was made in earlier year, the onus is on the assessee to show that the investment actually made in earlier years out of interest free funds. According to the CIT (Appeals), the assessee is not discharged the onus cast upon it and he confirmed the disallowance made by the Assessing Of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the material on record. The Assessing Officer made disallowance by invoking the provisions of Section 14A r.w. Rule 8D(2)(ii) and 8D(2)(iii) of the Income Tax Rules. The disallowance made by invoking the provisions of Rule 8D(2)(iii) is at Rs. 5,88,840 and Rule 8D(2)(ii) is at Rs. 20,28,830. The disallowance under Rule 8D(2)(iii) is with regard to administrative and other common expenses when the assessee derive exempted income. The management of the assessee is involved in taking a decision with regard to investment in exempted income. This investment decision is very strategic which resulted in incurring of various administrative expenses. The assessee cannot take a plea that the assessee has not incurred any administrative expenditure t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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