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2015 (10) TMI 2296 - AT - Income TaxAddition under section 40A(2) - Held that:- In his impugned order, the ld. CIT(Appeals), however, has assumed that two parties, namely M/s. Regal Nirman (P) Ltd. and M/s. Prime Global (P) Ltd. are unrelated parties and it appears that on this wrong assumption, he has proceeded to confirm the disallowance made by the Assessing Officer under section 40A(2). In this regard, limited relief that has been sought by the ld. counsel for the assessee at the time of hearing is that the matter may be sent back to the ld. CIT(Appeals) in order to give the assessee an opportunity to establish that M/s. Regal Ni rman (P) Ltd. and M/s. Prime Global (P) Ltd. are also the parties related to the assessee and to decide the issue afresh relating to the disallowance under section 40A(2) after verifying this position. Accordingly, set aside the impugned order of the ld. CIT(Appeals) on this issue and remit the matter back to the ld. CIT(Appeals) for deciding the same afresh after giving the assessee proper and sufficient opportunity of being heard.- Decided in favour of assessee for statistical purposes.
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