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    <title>2018 (1) TMI 1029 - ITAT KOLKATA</title>
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    <description>Disallowance under section 14A read with Rule 8D requires the Assessing Officer to first examine the accounts and record clear dissatisfaction with the assessee&#039;s claim that no expenditure was incurred to earn exempt income; without that foundational satisfaction, the disallowance is unsustainable. Provision for leave encashment under section 43B(f) was also discussed in the context of pending Supreme Court proceedings on the provision&#039;s constitutional validity, so the issue was directed to be reconsidered by the Assessing Officer depending on the final outcome of that litigation. The matter was therefore treated as partly allowed for statistical purposes.</description>
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      <link>https://www.taxtmi.com/caselaws?id=354293</link>
      <description>Disallowance under section 14A read with Rule 8D requires the Assessing Officer to first examine the accounts and record clear dissatisfaction with the assessee&#039;s claim that no expenditure was incurred to earn exempt income; without that foundational satisfaction, the disallowance is unsustainable. Provision for leave encashment under section 43B(f) was also discussed in the context of pending Supreme Court proceedings on the provision&#039;s constitutional validity, so the issue was directed to be reconsidered by the Assessing Officer depending on the final outcome of that litigation. The matter was therefore treated as partly allowed for statistical purposes.</description>
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