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2019 (5) TMI 1441

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....mmon grievance are involved in all these appeals and since the CIT(A) has disposed all the appeals by a common order, therefore, these appeals were heard together and are disposed of by this common order for the sake of convenience and brevity. 3. For the sake of convenience we are taking the grounds of ITA No.3210/Del/2016 which are as under :- 1. The order of Ld. CIT(A) is not correct in law and facts. 2. On the facts and circumstances of hte case, the Ld. CIT(A) has erred in law in deleting the addition of Rs. 56,45,506/- made by AO on account of rotation of disallowance of u/s 14a read with Rule 8D. 3. On the facts & circumstances of hte case, the Ld. CIT(A) has erred in law in deleting the addition of Rs. 1,92,295/- made by AO o....

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....e assessee has not earned any exempt income during the year under consideration. Thus this grievance of the assessee has to be allowed following the judgment of the Special Bench of the Tribunal in the case of Cheminvest Ltd. Vs. CIT 121 ITD 318 which has been affirmed by the Hon'ble High Court of Delhi 378 ITR 33 [DEL]. Similar view was taken in 399 ITR 483 and by the Hon'ble Gujarat High Court in the case of Corrtech Energy Pvt. Ltd. 372 ITR 97. Respectfully following the same, we direct the Assessing Officer to delete the addition of Rs. 55,870/-. Ground No. 2 is allowed." 8. As no distinguishing fact has come to our notice respectfully following the findings of the coordinate bench, the ground No.1 is dismissed. 9. Issues raised vid....