The assessee had investment in shares. The AO made a disallowance under S. 14A read with rule 8D of the Income-tax Rules, 1962 of one per cent.  of the average investment.  The CIT (A) deleted the addition considering the fact that the assessee had not earned any exempt income during the instant year.   Dismissing the appeal of the revenue the Tribunal held that  the fact that the assessee had not earned any exempt income during the instant year had not been disputed by the Department.  Therefore, there could be no addition under S. 14A.  (AY.  2010-11, 2011-12)