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The assessee as well as the Revenue are in appeal before Tribunalby raising the ground that under the facts and circumstances of thecaseand in law, the Ld. CIT (A) has erred in upholding the disallowance of INR 73,910 (out of total disallowance of INR 5,71,124 made by the AO) under section 14 A of the Act.

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Sec. 14A of Income Tax Act, 1961—Expenditure incurred in relation to income not forming part of total income — In absence of any exempt income, no disallowance under section 14A can be made, since the issue requires verification at the level of AO, therefore, we deem it proper to restore this issue to the file of the AO with a direction to find out as to whether the assessee has, in fact, received any exempt income and AO shall give due opportunity of being heard to the assessee and decide the issue as per fact and law. - MAKEMY TRIP (INDIA) PVT. LTD. V/s DEPUTY CIT - [2020] 82 ITR (TRIB) 071 (ITAT-DELHI)

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