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2020 (1) TMI 1568

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....evenue : Shri Manjeet Singh, Addl. CIT (D.R.). ORDER PER SHRI PAVAN KUMAR GADALE, JM : The Revenue has filed Misc. Petition in ITA No.1518/Bang/2018 Dt.10.04.2019 for Rectification of order of the Tribunal: 2. At the time of hearing, the learned Departmental Representative submitted that the Tribunal has not considered the co-ordinate bench decision of the Tribunal. Whereas The Tribunal has ....

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....tice and passed the order. We found that the Ld AR has substantiated his claim with the judicial decisions and the Coordinate Bench decision in calculating the disallowance u/s 14A and relied upon [2017] 58 ITR (Trib) 313 (ITAT [Del]) in the case of ACIT vs. Vireet Investment Pvt Ltd in respect of the disallowance at para 6 which is as under: "6. We have considered the submissions of both the p....

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....heme of the Act is that the computation is first made under the normal provisions of Income-tax Act and, thereafter, under an alternate scheme provided u/s 115JB for computing total income as per the prescribed method. If the tax liability on the basis of total income as per MAT provisions is more than the tax computed under the normal provisions of the Act, then the former becomes the final tax l....