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Income Tax Appellate Tribunal, “E” BENCH, MUMBAI
Before: SHRI D. KARUNAKARA RAO & SHRI SANDEEP GOSAIN
PER D. KARUNAKARA RAO, AM: This appeal filed by the assessee on 19.2.2014 is against the order of the CIT (A)-12, Mumbai dated 4.12.2013 for the assessment year 2010-11. 2. In this appeal assessee raised three grounds in toto and they revolve around the solitary issue relates to the disallowance u/s 14A read with Rule 8D and also u/s 115JB of the Act.
At the outset, Ld Counsel for the assessee filed copies of the orders of the Tribunal in assessee’s own case for the AY 2008-09 in ITA No.6458/M/2011, dated 5.7.2013 and for the AY 2009-10 in ITA No. 6422/M/2013, dated 27.5.2015 and submitted that an identical issue came up for adjudication before the Tribunal and the same was remanded to the file of the AO for fresh consideration and decision in the matter.
After hearing Ld Representatives of both the parties and on perusal of the orders of the orders of the Revenue Authorities as well as the cited decisions of the Tribunal (supra), we find, the precedents filed before the Tribunal guide us to remand the issue, relating to disallowance u/s 14A read with Rule 8D and also u/s 115JB of the Act, to the file of the AO for fresh adjudication and decision with identical directions. Accordingly we order. AO shall grant a reasonable opportunity of being heard to the assessee as per the set principles of natural justice. Accordingly, grounds raised by the assessee are allowed for statistical purposes.
In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 17th March, 2017. (SANDEEP GOSAIN) ACCOUNTANT MEMBER भुंफई Mumbai; ददनांक 17.03.2017 व.नन.स./ OKK , Sr. PS आदेश की प्रतिलऱपि अग्रेपिि/Copy of the Order forwarded to : अऩीराथी / The Appellant 1. 2. प्रत्मथी / The Respondent. 3. आमकय आमुक्त(अऩीर) / The CIT(A)- 4. आमकय आमुक्त / CIT ववबागीम प्रनतननधध, आमकय अऩीरीम अधधकयण, भुंफई / DR,
ITAT, Mumbai 6. गार्ड पाईर / Guard file. सत्मावऩत प्रनत //// आदेशानुसार/ BY ORDER, उि/सहायक िंजीकार (Dy./Asstt.