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TMI Blog2013 (7) TMI 84X X X X Extracts X X X X X X X X Extracts X X X X ..... Revenue's Appeal: ITA No.351/Hyd/2013 : Assessment year 2006-07 2. Effective grounds of the Revenue in this appeal are as follows- "1. CIT(A) allowed relief to the assessee on the basis of information filed by the assessee. The CIT(A) ought to have given the opportunity to verify the additional evidence and submit remand Report as per rule 46A. 2. The order is passed on the directions of the CIT IV, vide order u/s. 263 of IT Act, with regard to the amount of loan. Learned CIT(A) has no jurisdiction to overside the directions of CIT IV u/s. 263. 3. All the additions are made after giving opportunity to the assessee. Non-compliance to the show cause notices, the additions are made and order passed u/s. 144 of IT Act. Under the circumstanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Rs. 5,37,748 5. On appeal, the CIT(A) deleted the additions of Rs.9,71,452 on account of disallowance u/s. 40(a)(ia) and of Rs.5,37,748 on account of excess claim of expenditure, in their entirety, and gave partial relief out of the addition of Rs.1,83,97,530 made on account of interest not offered to tax. Aggrieved by the reliefs granted by the CIT(A), Revenue is in appeal before us, with the grounds already extracted above. 6. We heard both sides and perused the orders of the lower authorities, and other material on record. It has been brought to our notice that the order of the Commissioner of Income-tax IV, Hyderabad dated 23.3.2011 passed under S.263 of the Act, which gave rise to the present proceedings in which the additions in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ief granted by the CIT(A) cannot be found fault with. Even as for the third and remaining addition of Rs.5,35,748 on account of excess expenditure claimed, we find that the reasons given by the CIT(A) for giving relief to the assessee are valid and reasonable and we do not find any justification to interfere with his order. We do not find any additional evidence, having been entertained by the CIT(A) in the impugned order, for granting relief in favour of the assessee on this issue. In the circumstances, we find no merit in the grounds of the Revenue in this appeal, which are accordingly rejected. 7. In the result, Revenue's appeal is dismissed. Assessee's C.O.No.29/Hyd/2013 (ITA No.351/Hyd/2013) : Assessment year 2006-07 8. At the time ..... X X X X Extracts X X X X X X X X Extracts X X X X
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