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2016 (2) TMI 1148 - AT - Income TaxRevision u/s 263 - Understatement of receipts - Held that:- When the ground of revision u/s. 263 is not mentioned in the show cause notice issued u/s. 263, that issue cannot be the subject matter of revision proceedings in the order passed u/s. 263. Hence the addition proposed towards understatement of receipt of ₹ 1,20,49,196/- is not in accordance with law. Accordingly, the order passed by the ld.CIT u/s. 263 is modified to this extent. Addition u/s 40(a)(ia) - addition towards various expenses for non-compliance of TDs provisions - applicability of second proviso to section 40(a)(ia) - Held that:- We find that if the payees have included the subject mentioned receipts in their books/returns of income, then second proviso to section 40(a)(ia) of the Act should have to be invoked and no disallowance u/s. 40(a)(ia) of the Act could be made. . We also find that the provisions of section 40(a)(ia) of the Act has been held to be retrospective in operation by the decision of the Hon’ble Delhi High Court in the case of CIT vs Ansal Land Mark Township (P) Ltd reported in (2015 (9) TMI 79 - DELHI HIGH COURT). Thus we deem it fit and appropriate, to set aside the issue to the file of the ld.AO to decide the impugned issue u/s. 40(a)(ia) in the light of applicability of second proviso to section 40(a)(ia) as mentioned herein above and in the light of said decision of the Hon’ble Delhi High Court in the case of Ansal Land Mark Township (P) Ltd (supra).
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