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The ITAT allowed the assessee's appeal and deleted the disallowances made by the Assessing Officer (AO) u/s 154 read with Section 143(3) and by the CIT(A). The AO erred in passing the order u/s 154 by making the disallowance of amortization of telecom license u/s 35ABB and depreciation on right to use telecom spectrum u/s 32. The CIT(A) also erred by disallowing an amount which was not part of the appeal before them. The ITAT held that the CIT(A) exercised jurisdiction beyond the scope of the appeal by disallowing an amount which was part of separate appeal proceedings. Accordingly, the ITAT allowed the assessee's appeal and additional grounds, deleting the disallowances made by the AO and CIT(A).
The ITAT allowed the assessee's appeal and deleted the disallowances made by the Assessing Officer (AO) u/s 154 read with Section 143(3) and by the CIT(A). The AO erred in passing the order u/s 154 by making the disallowance of amortization of telecom license u/s 35ABB and depreciation on right to use telecom spectrum u/s 32. The CIT(A) also erred by disallowing an amount which was not part of the appeal before them. The ITAT held that the CIT(A) exercised jurisdiction beyond the scope of the appeal by disallowing an amount which was part of separate appeal proceedings. Accordingly, the ITAT allowed the assessee's appeal and additional grounds, deleting the disallowances made by the AO and CIT(A).
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