2018 (5) TMI 1926

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....K. PRADHAN, AM This is an appeal filed by the assessee. The relevant assessment year is 2012-13. The appeal is directed against the order of the Commissioner of Income Tax (Appeals)-17, Mumbai [in short 'CIT(A)']and arises out of the assessment completed u/s 143(3) of the Income Tax Act 1961, (the 'Act'). 2. The grounds of appeals filed by the assessee read as under: 1. The CIT(A) ought to ha....

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....rt in assessee's own case i.e. Plastiblends India Ltd. v. Additional CIT (2017) 86 taxmann.com 137 (SC). The Ld. DR relies on the above decision. 4. We have heard the rival submissions and perused the relevant materials on record. In the above decision, it has been held that quantum of deduction under section 80-IA is not dependent upon assessee claiming or not claiming depreciation, because unde....

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....d by the assessee. 6. In appeal, the Ld. CIT(A) restricted the disallowance to Rs. 1,60,194/- [Rs. 1,92,535/- disallowed by the AO under Rule 8D(2)(iii) minus Rs. 32,341/- offered by the assessee]. 7. We find that the ITAT 'C' Bench, Mumbai in assessee's own case for the AY 2008-09 (ITA No. 4080/Mum/2012) has upheld similar disallowance under Rule 8D(2)(iii). The Tribunal held: "However, comin....