No Section 14A/ Rule 8D Disallowance without considering the the claim of the assessee

The assessee earned income by way of dividend. During the assessment u/s 143(3) of the Income Tax Act, 1961. The AO asked the assessee for the details of expenditure incurred for earning the exempted income (dividend income). The assessee contended that no expenditure was being incurred for earning the dividend income. On being dissatisfied with the assessee contention the AO invoked Rule 14A read with rule 8D and made the addition of Rs. 3,243,23/-. On appeal by the department before Tribunal, the Tribunal affirmed the decision of CIT (A), that once 100% of expenses amounting to Rs.1,95,483/-...