Held that the Tribunal in the order had relied upon the order of the Tribunal for the assessment year 2006-2007, in the assessee’s own case wherein disallowance under section 14A was confirmed at two per cent. of the dividend income. The Tribunal also clarified that the disallowance with regard to interest should be made after excluding those mutual funds that were debt funds. Court also held that when interest-free own funds available with the assessee exceeded their investments, it would be presumed that the investments were made out of the assessee’s own funds and proportionate disallowance was not warranted under section 14A of the Act. Therefore, there was no fault found with the order of the Tribunal. The entire issue was fact based. The Tribunal having come to the factual conclusion on the basis of the materials on record, no question of law arises. (AY. 2007-08, 2009-10)