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2019 (12) TMI 493 - ITAT DELHIAddition to the returned income - reimbursement of interst u/s. 40A(ia) of the Act - wages paid u/s 40a(ia) of the act - remuneration paid by invoking provision of section 40(A)(2) of the Act - addition on account of section 40A(3) of the Act - addition on vehicle running expenses’ and ‘telephone expenses’ respectively on estimate basis treating the same as personal in nature - whether the receipt is of such incomes on which tax had been paid on those incomes by the respective recipients as envisaged under the proviso to section 201(1) of the Act, also not considered - principles of natural justice. HELD THAT:- There are considerable cogency in the contention of the ld. counsel for the assessee that the authorities below erred in disallowing ₹ 10,68,968/- under section 40a(ia) of the Income Tax Act, 1961 without even pausing to consider whether the receipt is of such incomes on which tax had been paid on those incomes by the respective recipients as envisaged under the proviso to section 201(1) of the Act. It is also noted that the this has not been verified at the level of the Assessing Officer during assessment, therefore, there is force in the contention of the ld. Counsel for the assessee that the matter may be remanded back to the Assessing Officer for consideration and fresh orders. Appeal allowed for statistical purposes.
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