TaxTMI 
TaxTMI 
2019 (8) TMI 1694
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.... ITA No.1004/Mum/2015 for A.Y.2010-11 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-52, Mumbai in appeal No.CI(A)-52/IT/DC/AC-CC-4(2)/109/2010-11 dated 16/12/2014 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 26/03/2013 by the ld. Asst. Commissioner of Income Tax, Central Circle-2....
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....der third limb to the tune of Rs. 64,97,089/-. The total disallowance made u/s.14A read with rule 8D of the rules worked out to Rs. 11,82,55,983/-. The ld. CIT(A) upheld the action of the ld. AO. 4. The assessee had filed altered grounds of appeal and had also filed the additional ground and appeal challenging the disallowance u/s.14A of the Act under the normal provisions of the Act as under:- ....
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.... 5. At the outset, we find the additional ground raised by the assessee is purely a legal issue and does not require any verification of facts and it goes to the root of the matter. Hence, we are inclined to admit the additional ground and take up for adjudication. The ld. AR placed on record, the copy of the order of this Tribunal in its own case passed for A.Y.2008-09 in ITA No.6900/Mum/2011 da....
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....king investments would apply even for the year under consideration. Respectfully following the decision of Hon'ble Jurisdictional High Court supra and the decision of this Tribunal in A.Y.2008-09 in assessee's own case, we direct the ld. AO to delete the disallowance of interest made under second limb and rule 8D(2) of the rules. 5.1. With regard to disallowance of administrative expenses made i....