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2018 (3) TMI 1973 - ITAT CHENNAIRectification of mistake u/s 154 - petition for consideration of additional grounds - AO/TPO erred in denying the appellant’s claim of deduction of expenditure incurred towards advertisement as business expenditure - appellant submits that even if the expenditure is said not be incurred by the appellant for its business activity but was incurred in the course of business, the same being an irretrievable loss, would be allowable as deduction from business income - HELD THAT:- We find that the Tribunal did not adjudicate the above additional grounds raised by the assessee. Also we find that while concluding the ground with regard to imputation of interest on advertisement advances, by following the decision of the Tribunal in assessee’s own case for the assessment year 2003-04, the Tribunal concluded with the phrase “inclined to dismiss the ground taken by the petitioner” at para 5 page 7 is a mistake apparent on record. While adjudicating the ground with regard to apportionment of common expenses on the basis of turnover for the purpose of deduction under section 80IC of the Act, the Tribunal followed assessee’s own case for the assessment year 2003-04 and reproduced para 8.4 of the order, in which, the claim relates to deduction under section 80IB of the Act, whereas, the ground raised in the appeal of the assessee for the assessment year 2006-07 relates to claim of deduction under section 80IC of the Act, which requires to be adjudicated afresh. In view of the above facts and circumstances, to reconsider the above grounds, referred hereinabove, the order of the Tribunal dated 03.04.2017 is recalled and directed the Registry to post the appeal for hearing on regular course by issuing notice to both the parties. MP filed by the assessee is allowed.
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