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2011 (8) TMI 351 - AT - Income TaxRevision u/s 263 - Appeal against order of AO pursuant to direction of CIT - Powers of AO - Held that:- Once the issue has been decided and definite finding has been given by the Commissioner of Income-tax in respect of disallowance of expenditure under section 40(a) then the Assessing Officer had no discretion to take any different view on the issue. - the direction of the CIT to ITO to determine the relief under section 80J after giving an opportunity of being heard to the assessee - when the CIT while passing 263 order has given a definite finding on the issue of disallowance of Bandwidth charges under section 40(a) and the said order has attained the finality on account of not challenge by the assessee then the assessee can't be allowed to challenge such definite finding in an appeal filed against the orders passed by the Assessing Officer in pursuant to the revision order under section 263. Irrecoverable interest and advances/deposits - claim of bad debts - Inter corporte deposits - The assessee contention before the lower authority was that the company from which the interest was receivable discontinued the operation after 31-3-2001 and vanished - The Directors of the debtor company were also not available - The CIT(A) has given a finding that the assessee has extended money as Inter Corporate Deposit (ICD) to Digital Super Highway which is a group company of the assessee - Claim of bad debs rejected.
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