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2017 (11) TMI 254 - AT - Income TaxReopening of assessment - addition u/s.40(a)(i) - Held that:- The ground relating to disallowance of the expenditure by holding it as not incurred wholly and exclusively for the purpose of the business was already before the ld CIT-A, but the same was not adjudicated by him. Hence, following the Tribunal in assessee's own case, we remit the adjudication of this aspect to the file of CIT-A. CIT-A is directed to complete the appellate order by considering the issue whether the disallowance on account of expenditure being not fully and exclusively for the purpose of business as raised in ground number two before him is justified or not. Needless to add, the assessee should be granted adequate opportunity of being heard. We make it clear that we have not considered the issue of reopening and the disallowance u/s.40(i)(a) i.e., in any manner whatsoever. Both the parties are free to take up necessary issues as deemed necessary after the order of the Ld. CIT-A is completed in terms of our remitting as above. Both the counsel fairly agreed to the above proposition.
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