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2023 (7) TMI 674 - ITAT DELHIDisallowance @ 10% of total expenses - Addition made on the basis that the assessee failed to furnish the supporting evidences - HELD THAT:- As we allow the application of the assessee and admit these evidences. Upon admission of the additional evidences, parties have agreed that the issue may be restored to the file of the AO for fresh adjudication. The impugned order is hereby set aside and the AO would verify the correctness of the claim of the assessee and decide the issue afresh after giving adequate opportunity of hearing to the assessee. Thus, Ground raised by the assessee are allowed for statistical purposes. CIT(A) empowered by law for setting aside the issue to file of the AO for fresh adjudication - CIT(A) in case of appeal against an order of assessment, he may confirm, reduce or annul the assessment. However, in the present case, the Ld.CIT(A) has set aside the issues for fresh adjudication after making verification. This act of Ld. CIT(A) in our considered view is in excess of powers conferred on him. CIT(A) ought to have verified himself or should have sought a Remand Report from AO in this regard. Therefore, considering the totality of facts, we hereby modify the order of Ld.CIT(A). AO is hereby, directed to delete the addition in respect of disallowance of exchange fluctuation loss. As the issue is squarely covered by the judgement of Woodward Governor India Private Limited [2009 (4) TMI 4 - SUPREME COURT] Ground Nos. 4 to 4.1 raised by the assessee are allowed for statistical purposes. Disallowance of reversal of cenvat credit - We remit this issue to the file of AO for verification of correctness of the claim of the assessee that the amount in question is actual reversal of cenvat credit, if found correct, same may be deleted. Appeal of the assessee is partly allowed for statistical purposes.
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