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2017 (7) TMI 569 - AT - Income TaxDisallowing of Peak load violation charges paid to PSEB - nature of expenditure - Held that:- There could be no grievance of the assessee vis-ŕ-vis non-entertainment of claim by the lower authorities. As regards disallowance of the same, we find that the CIT (Appeals) had held the same to be penal in nature. On being confronted by the Bench to adduce evidence to prove that the claim was not penal in nature, the learned counsel for the assessee expressed his inability to do so. In view of the same, we hold that there is no infirmity in the order of the learned CIT (Appeals) in disallowing the claim of peak load violation charges paid. Reduction of excess depreciation credited to the Profit and Loss Account - Held that:- We find merit in this contention of the assessee that claim not made in the return of income can be made during assessment proceedings. The claim of the assessee be entertained. Having entertained the claim we find that the Ld. Counsel for the assessee has shown us the inclusion of the impugned sum in the Profit and Loss Account and has further tried to demonstrate through its computation of income that the same was not reduced. But we find that the facts do not appear to be evident and clear. We, therefore consider it fit to restore the issue to the file of the Ld. CIT (Appeals) to adjudicate the issue in accordance with law. We may add that the assessee be granted due opportunity of hearing and also be allowed to adduce all evidences in support of its contentions. The ground of appeal of the assessee is partly allowed for statistical purposes.
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