Disallowance can be made under sec 14A and Rule 8D only after giving opportunity of being heard to the asseessee

Last updated: 18 April 2012

Court :
INCOME TAX APPELLATE TRIBUNAL

Brief :
The facts are that against the assessment order, the assessee filed an appeal before the CIT(A), wherein CIT(A) in order bearing no. CIT(A)/41/DCCC-38/IT 257/09-10 dated 14/12/2009 gave directions to the AO, saying, “ ......In view of the fact, the AO is directed to work out the disallowance u/s 14A r.w. Rule 8D and add back to the income of the assessee after allowing opportunity to the assessee of being heard and income of the appellant may be enhanced accordingly as per law” (relevant portion only extracted from order giving effect, dated 05/04/2010)

Citation :
DCIT, CC-38,R.No.32(1), Gr.floor, Aaykar Bhavan,M.K.Road, Mumbai-400 020.Appellant Vs.Shri Shanti Sarup Reniwal,302, Sylverton,102, Wodehouse Rd., Colaba,Mumbai-400 005.PAN: ADMPR3332D Respondent