2019 (4) TMI 508

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....AS AWASTHY, JM : These two appeals for assessment years 2013-14 and 2014-15 have been filed by the assessee against the orders of Commissioner of Income Tax (Appeals)-1, Aurangabad for the respective assessment years. Both the impugned orders are of even date i.e. 19-03-2018. Since, the issue raised in both the appeals is identical, these appeals are taken up together for adjudication and ar....

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....oto disallowance was made by the assessee. The ld. AR asserted that the Hon'ble Supreme Court of India in the case of Godrej & Boyce Manufacturing Company Limited Vs. Deputy Commissioner of Income Tax & Anr. reported as 394 ITR 449 has held that recording of satisfaction u/s. 14A(2) and (3) is a pre-condition before invoking the provisions of Rule 8D. 4. Per contra, Shri Rajesh Gawali represent....

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....cording of satisfaction has not been laid down either under the Act or the Rules. The manner of recording satisfaction by the Assessing Officer whether it conforms to the provisions of section 14A is a subjective assessment. The basic requirement is that the Assessing Officer should express in his satisfaction the reasons for disagreeing with assessee qua suo-moto non disallowance/insufficient dis....