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2017 (8) TMI 1241 - AT - Income TaxDisallowance of interest u/s 40(a)(ia) - to non deduction of tax - Held that:- CIT(A) deleted the dis-allowance by observing that, "the AO had already applied his mind in disallowing the entire interest at the time of original assessment and therefore now he cannot resort to reopening u/s 147 to disallow the amount same, though on a different premise, which he had not resorted to at the time of original assessment." In the first assessment proceedings u/s 143(3) of the Act the entire amount of interest of ₹ 1,84,91,00,000/- has already been disallowed by the A.O. we feel there is no need for any further disallowance u/s 40(a)(ia) of the Act to the same amount again. Therefore, the A.O. is not justified to add back the same to the total income of the assessee. In the result the grounds of appeal of the Revenue are dismissed.
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