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2017 (4) TMI 1557

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....mpugned order dated 08.9.2016, passed by the ld. CIT (Appeals) Ghaziabad for the quantum of assessment passed u/s 143(3) for the A.Y. 2012-13. The assessee has taken following grounds:- "1.Because the Ld. CIT(A) has erred on facts and in law in confirming the action of the AO assuming jurisdiction in order to make disallowance under section 14A read with Rule 8D(2). 2. Because while confirming....

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.... been paid has been applied for investment. On this ground also the disallowance confirmed by Ld. CIT (A) is wrong and bad in law. 5. Because considering the factual position that the appellant is NBFC and in view of the legal position the disallowance under section 14A made by the Assessing Officer and confirmed by Ld. CIT (A) being wrong, bad in law, un warranted deserves to be deleted." 2. T....

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.... assessee's detailed submission in this regard before the Learned CIT (Appeals) has been incorporated at pages 2 to 11 of the appellate order. However, the Learned CIT (Appeals) held that even if there is no dividend income earned by the assessee but fact remains that assessee has made investment in shares; this itself warrants disallowance u/s 14A. 4. Before us the Learned Counsel submitted that....