2025 (5) TMI 871

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....021-22. 2. The revenue has raised the following grounds of appeal: AY 2020-21 1. On the facts and in the circumstances of the case, the Ld.CIT(A) has erred in deleting the disallowance u/s. 14A of the Income Tax Act, 1961 of Rs. 2,22,16,000/- by ignoring the provisions of section 14A r.w.r 8D(2) which prescribes a methodology for disallowance to be made u/s.14A of the Income Tax Act, 1961." 2. "On the facts and in the circumstances of the case, the Ld. CIT(A) has erred in directing the AO to delete the addition of Rs. 2,09,61,935/- being income u/s 5 of the Income Tax Act, 1961." 3. "On the facts and in the circumstances of the case, the Ld.CIT(A) has erred in directing the AO to delete the addition of....

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....21 4. Brief facts of the case are that the assessee has filed return declaring income of Rs. 75,50,55,770/- on 22.01.2021 from the business of retailing of household and consumer products through departmental stores. The case was selected for scrutiny and assessment u/s 143(3) was made on 15.03.2022 at an income of Rs. 80,55,42,650/- after making various disallowances/additions. 5. Aggrieved with the order of Ld. AO, the assessee preferred an appeal before Ld. CIT(A), who has allowed the assessee's appeal on merits vide order dated 05.11.2024. 6. Aggrieved with the order of Ld. CIT(A), the revenue is in appeal before the Tribunal on the following grounds. 7. Ground No. 1: Disallowance u/s 14A r.w. Rule 8D - Rs. 2,22,16,000/- ....

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....pra), we do not find any error in the order of the Ld. CIT(A) on the issue-in-dispute and accordingly, we uphold the same. The ground No. 1 and 2 of the appeal in respect of all three appeals are dismissed." 7.3 Ld. DR, on the other hand, has relied upon the order of Ld. AO and argued that the provisions of section 14A r.w. Rule 8D is squarely applicable in this case, and therefore, the disallowance made by the Ld. AO deserves to be upheld. 7.4 We have heard the rival submissions, and we find that the facts in the present year are identical to the facts of the earlier years. Therefore, respectfully following the decisions of the coordinate benches in earlier years, we hold that the decision of Ld. CIT(A) deleting the disallowance u/s ....

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....the consolidated order for AY 2018-19 (ITA No. 2512/Mum/2021), AY 2017-18 (2509/Mum/2021) and AY 2016-17 (ITA No. 2508/Mum/2021). The issue has been decided in favour of the assessee predicated on earlier years with the following observations: 6.6 The Ld. CIT(A) in assessment year 2016-17 following the decision of the Tribunal in earlier years decided the issue in favour of the assessee observing as under: "6.3 The assessee has made elaborate submissions on the issue. However, it is noted that this is a repetitive issue and Hon'ble Mumbal Tribunal has ordered the matter in favor of the of the appellant company for AY 2009-10, AY 2010-11. AY 2012-13, AY 2013-14 & AY 2014-15. The observations of the ITAT while dealing wi....

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....appeal for A. Y. 2010-11 & 2012-13. 15. No contrary fact or law to take other view is brought to our notice to take other view, nor any variations in facts brought to our notice. Therefore, we do not find any merit in the grounds of appeal raised by revenue." 6.7 Identical findings have been given by the Ld. CIT(A) in respect of AY 2017-18 & 2018-19 on the issue-in-dispute. 7. We have heard rival submissions of the parties on the issue-in-dispute and perused the relevant material on record. We note that the Ld. CIT(A) has adjudicated the issue following the binding precedent on the issue-in-dispute and therefore we do not find any error in the order of the Ld. CIT(A) on the issue-in-dispute in all the three assess....