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2014 (5) TMI 552 - AT - Income TaxDisallowance out of ticket incentives u/s 40A(3) of the Act – Opportunity to submit additional evidences under Rule 46A not given – Held that:- The disallowance of expenses in the form of ‘ticket incentives’ has been made by the AO for want of confirmation letters and even basic information such as names, addresses and PAN of the recipients of the said incentives, claimed as expenditure by the assessee - CIT(A) has considered further material furnished by the assessee - the powers of the CIT(A) are coterminous with that of the AO, and he is empowered to entertain any fresh evidence adduced by the assessee - the CIT(A) ought to have given the AO an opportunity to verify the same and submit his remand report – it has not been done by the CIT(A), the order of the CIT(A) is set aside and the matter is remitted back to the AO for redetermination of the disallowance – Decided in favour of Revenue.
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