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2019 (11) TMI 982 - AT - Income TaxDisallowance u/s 41(1) - allegation of the Revenue that learned Commission (Appeals) had deleted the addition by admitting fresh evidences in violation of Rule 46A of the Income Tax Rules - HELD THAT:- There is neither remission nor cessation of liability as envisaged under Section 41(1). Insofar as the allegation of the Revenue that learned Commission (Appeals) had deleted the addition by admitting fresh evidences in violation of Rule 46A of the Income Tax Rules, we are not convinced with the same. It is noticed that in the course of assessment proceedings also, the assessee vide letter dated 15.03.2016 had furnished all the evidences including approval from RBI to demonstrate that the liability has not ceased to exist. It appears that the AO has completely ignored the submissions of the assessee and the materials brought on record, whereas, Commission (Appeals) after appropriately appreciating the relevant facts and material on record as well as the submissions of the assessee had taken a correct view by deleting the addition under Section 41(1), since, factually there was neither remission or cessation of liability under Section 41(1). In view of the aforesaid, we do not find any infirmity in the decision of learned Commission (Appeals) on the issue. The grounds raised by the Revenue are dismissed.
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