2016 (8) TMI 1425

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.... Shri Rohan Sogani, CA ORDER Bhagchand,   The Revenue has filed an appeal against the order of the ld. CIT(A)-I, Jaipur dated 29-10-2014 for the assessment year 2010-11 raising therein following grounds of appeal. (i) Whether on the facts in the circumstances of the case and in law the ld. CIT(A) was justified in deleting the addition of Rs. 66,26,803/- made by the AO on acc....

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.... opportunity of verification to the Assessing Officer which is a violation of the Provision of Rule 46A(3) of the Income Tax Rules, 1962. For the sake of convenience and brevity, the concluding para of ld. CIT(A)'s order on both the issues of the assessee are as under:- Page 5 for Ground No. 1- '' I have duly considered the submissions of the appellant and have also gone through the asses....

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....cordingly deleted. Appellant gets relief of Rs. 66,26,803/-.'' Pages 27 & 28 for Ground No. 2 - ''It is clear from decisions (ibid) that the provisions of rule 8D cannot be invoked on the basis of mere presumption. It is noted that in the present case the provisions of Section 14A read with Rule 8D have been invoked only on the basis of presumption, without bringing out any specific fact ....

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....us judgements as mentioned above, disallowance of Rs. 1,62,04,699/- made u/s 14A of the Act cannot be sustained. Accordingly, assessee gets relief of Rs. 1,62,04,699/-.'' 2.2 The ld. AR vehemently opposed the submissions of the ld. DR . However, the ld. AR supported the order of the ld. CIT(A). 2.3 We have heard the rival contentions and perused the materials available on record. In nut shel....