Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
An appellate authority cannot grant relief on the basis of fresh evidence without following Rule 46A(3), including seeking a remand report from the AO. Here, the assessee's claim that the provision for expenses matched invoices received in the next year was not supported by the material on record before the AO, and complete expenditure details were also missing. The ITAT therefore set aside the deletion of the disallowance and restored the matter to the jurisdictional AO for fresh verification of the provision, the subsequent invoices, and the supporting evidence after giving the assessee an opportunity to produce complete details.
An appellate authority cannot grant relief on the basis of fresh evidence without following Rule 46A(3), including seeking a remand report from the AO. Here, the assessee's claim that the provision for expenses matched invoices received in the next year was not supported by the material on record before the AO, and complete expenditure details were also missing. The ITAT therefore set aside the deletion of the disallowance and restored the matter to the jurisdictional AO for fresh verification of the provision, the subsequent invoices, and the supporting evidence after giving the assessee an opportunity to produce complete details.
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