TaxTMI 
TaxTMI 
2023 (6) TMI 616
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....vide order dated 11.03.2013 and the total income was determined at Rs. 9,84,952.18 lakhs. 4. Aggrieved by the order of AO, assessee carried the matter before CIT(A) who vide order dated 10.03.2015 in Appeal No.374/14-15 granted partial relief to the assessee. CIT(A) in the order inter alia also gave certain directions to AO. Consequent to the order of CIT(A), AO passed order on 07.05.2015 u/s 250 r.w.s 143(3) of the Act wherein he revised the total income of the assessee at Rs. 9,60,862.88 lakhs. Against the order passed u/s 250 r.w.s 143(3) of the Act dated 07.05.2015, the assessee carried the matter before CIT(A) who vide order dated 20.01.2017 in Appeal No.166, 167/2015-16 substantially allowed the appeal of the assessee and also gave certain directions to AO. Consequent to the order of CIT(A), AO passed order u/s 250 order dated 23.03.2017 wherein the total income was computed at Rs. 9,60,862.88 lakhs. Against the aforesaid order dated 23.03.2017 passed by AO, assessee once again carried the matter before CIT(A) who vide order dated 17.01.2018 in Appeal No.138/17-18 disposed off the appeal. Aggrieved by the order of CIT(A), assessee is now before the Tribunal and has raised th....
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....& Section 14A of the Act was challenged before the Courts. The assessee made detailed submissions before CIT(A) which are noted at page 30-35 of the order. CIT(A) after considering the submissions of the assessee, decided the issue by observing as under: "I have considered this issue and the arguments of the Ld. ARs of the appellant, Ld. AO made disallowance u/s 14A read with rule 8D without discussing the issue in his assessment order. This issue has already been travelled before the Hon'ble ITAT for AY 2007-08. After considering the facts of the case, Hon'ble ITAT has given certain directions and directed the Ld. AO to follow the Jurisdictional High Court's decision in the case of M/s Maxopp Investments Ltd. vs. CIT (ITA No. 687/2009 dt.18-11-2011). Ld. CIT(A)-XII has also followed the decision of Hon'ble ITAT and given direction to the Ld. AO for the AYrs. 2008-09 and 2009-10 to follow the case of M/s Maxopp Investments Ltd. (supra). Respectfully following the above said orders, Ld. AO is directed to consider the case of Jurisdictional High Court and re-calculate the disallowance u/s 14A and pass a speaking order. This ground is treated as partly allowed." 8. ....
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.... authorities then assessee has right to appeal any number of times till the income is correctly assessed or tax is correctly determined. He therefore submitted that the AO be directed to work out the disallowance u/s 14A promptly as per the directions of CIT(A) in the first and second round of orders. He thereafter submitted that the assessee had made the disallowance u/s 14A as per Rule 8D at Rs. 330.38 lakhs. He submitted that thereafter Bombay High Court in the case of Godrej & Boyce Mfg. Co. Ltd. vs. DCIT Range 10(2) reported in 328 ITR 81 (Bom) and Hon'ble Delhi High Court in the case of Maxoop Investments Ltd. vs. CIT 347 ITR 272 (Del) has decided the issue u/s 14A r.w. Rule 8D. Assessee thereafter had reworked the disallowance in the light of the aforesaid judgement and had worked out the disallowance of Rs. 6.07 lakhs. He submitted that the aforesaid revised working of disallowance at Rs. 6.07 lakhs is on similar basis that was followed in A.Y. 2008-09 & 2009-10 and which has also been upheld by the authorities. He therefore submitted that the working of the disallowance given by assessee be accepted and relief of Rs. 324.31 lakhs (Rs 330.38 lakhs - Rs 6.07 lakhs) may be gr....
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....y the AO. Thus the ground of assessee is allowed. 12. As far as the issue of not granting of Credit of TDS is concerned, it is the contention of Learned AR that the AO did not grant credit to the TDS claimed in the revised return as per 26AS statement and further there is no discussions in the order passed. When the matter was carried before CIT(A) in the first round, the CIT(A) vide order dated 10.03.2015 gave directions to AO to grant the credit for prepaid taxes as per 26AS statement and rework the tax and interests due u/s 243B and 234C of the Act. It is submitted by ld AR that despite the directions of CIT(A), in appeal effect order passed by AO on 07.05.2015, the issue was not dealt with by AO. The matter was carried before CIT(A) in the second round and in the order passed by CIT(A) on 20.07.2017 in second round the AO was once again directed to give full credit of TDS as per law. Thereafter, AO passed the appeal giving effect order on 23.03.2017 wherein AO did not make any discussions regarding the grant of TDS as per 26AS. Aggrieved by the appeal giving effect of AO, assessee once again carried the matter before CIT(A) in third round and CIT(A) vide order dated 17.01.2018....