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2014 (4) TMI 105 - ITAT MUMBAIDeduction u/s 80C - Repayment on housing loan - Whether CIT(A) erred in allowing deduction U/s.80C of Act relating to repayment of housing loan – Held that: - details asked for by AO pertaining to interest on housing loan u/s 24(b) on self-occupied property and deduction claimed u/s 80C were not provided at assessment stage - But were placed on record before CIT(A), who considered same and deleted addition made - From impugned order of CIT(A), cannot be gathered that any opportunity was provided or issue was remanded back for AO's comments - In interest of justice, restore issues to file of CIT(A), who shall re-adjudicate them, after seeking comments from AO and confronting same to assessee – Decided in favour of Assessee. Modification of turnover - Whether, CIT(A) erred in directing AD to modify turnover of assessee even though issue was not in grounds of appeal – Held that:- certain basic and primary details were there before AO, which incited him to ask for further details - It is from these details, that AO was able to extract figures of Rs.2,42,75,433/- and Rs.24,68,210/- Since the income has to be estimated on turnover, CIT(A) has correctly adopted figure of Rs.2,67,43,643/- and estimated income @ 8% on this figure, because, Rs.24,68,210/- was nothing but part & parcel of turnover of business activity - No reason to disturb finding of CIT(A) which should be sustained – Decided against Revenue.
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