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TMI Blog2019 (4) TMI 286X X X X Extracts X X X X X X X X Extracts X X X X ..... der of the CIT(A) is ex-parte and has not taken cognizance of the relevant evidences produced before the AO during the assessment proceedings as well. The order is non-speaking. Therefore, we are setting aside the order of the CIT(A) and remanding back all the issue to the file of the CIT(A) for deciding the issues on merit. Needless to say, the assessee be given opportunity of hearing by follo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... That even otherwise, the appeal was dismissed on mechanical basis without following procedure laid down in section 250(4) of the I T Act, 1961. 2(i). That on facts and circumstances of the case, the assessing officer was not justified in making disallowance u/s 14A read with rule 8D to the extent ₹ 50,51,081/-. (ii) That the disallowance is illegal, arbitrary and without proper app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espect of transactions with Global Energy Pvt. Ltd. (ii) That genuineness of the claim being not in dispute, there is no justification for disallowance of the same. 3. The assessee Company was engaged in the business of providing Internet Infrastructure Solutions. Return of Income was filed electronically on 29/09/2011 declaring income of ₹ 19,31,38,170/-. The case was selected for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the provisions of Section 40(a)(i) of the Act. The Domain Rent Registration Domain/Royalty was disallowed. The Assessing Officer also made disallowances of interest on late deposit of TDS and made addition of ₹ 4,70,000/- along with addition of ₹ 29,93,740/- in respect of transactions with Global Energy Pvt. Ltd. Thus, the Assessing Officer assessed in income of ₹ 25,93,98,990 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evidences produced before the Assessing Officer during the assessment proceedings as well. The order is non-speaking. Therefore, we are setting aside the order of the CIT(A) and remanding back all the issue to the file of the CIT(A) for deciding the issues on merit. Needless to say, the assessee be given opportunity of hearing by following principles of natural justice. 8. In result, the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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