2019 (8) TMI 1827

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....years 2013-2014 & 2014-2015. 2. Since, the identical facts and issues are involved in these appeals, we proceed to dispose the same vide this common order. 3. For the sake of convenience and clarity the facts relevant to the appeal in ITA No.337/Chny/2019 for assessment year 2013-14 are stated herein. 4. The Revenue raised the following grounds of appeal: 1. ''The order of the Ld. CIT(A) is contrary to law, facts and circumstances of the case. 2. The Ld.CIT(A) erred in giving relief to the assessee by giving deleting the disallowance under section 36(l)(iii) without giving opportunity to the AO under Rule 46A of the Income tax Rules, to examine the fresh evidence introduced by the assessee at the appellate stage t....

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....ct of E46,57,535/- and disallowance of E9,80,44,618/- u/s.14A of the Act. 6. Being aggrieved by the above additions, the assessee preferred an appeal before the ld. CIT(A), who vide impugned order had granted partial relief by directing the Assessing Officer to delete the addition made u/s.56 (2)(viia) of the Act as the difference in the valuation in the fair market value and the value adopted by the Assessing Officer is less than 1%. As regards to the disallowance u/s.36(1) (iii) of the Act, the ld. CIT(A) had directed the Assessing Officer to restrict the disallowance to the extent of 12,45,757/- and raised an addition of 9,80,44,618/- u/s.14A of the Act, was confirmed by the ld. CIT(A). Thus, the appeal filed by the assessee came to b....

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....sions of Section 36(1) (iii) of the Act. Thus, the ld. CIT(A) has granted relief on all together on different premises from that of the Assessing Officer. Therefore in such circumstances, the only recourse available to the ld. CIT(A) is to grant an opportunity of hearing to the Assessing Officer before deleting the addition. Therefore, we are of the considered opinion that the matter should be remanded back to the file of the ld. CIT(A) to decide the issue in proper prospective in accordance with law. Thus, the ground of appeal No.2 raised by the Revenue is partly allowed for statistical purpose. 11. Grounds 3 & 4 challenges the direction of the ld. CIT(A) in deleting the addition made u/s.56(2) (viia) of the Act. The ld. CIT(A) granted ....