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2020 (7) TMI 72 - AT - Income TaxAddition u/s 40(a)(ia) - default under the first proviso of section 201(1) - Scope of amendment - HELD THAT:- We find that various submissions were made by the assessee before CIT(A) regarding section 201 amended by Finance Act, 2012. Reliance was also placed on the Tribunal order rendered in the case of Bharti Shipyard Ltd., Vs. DCIT [2011 (9) TMI 258 - ITAT MUMBAI] wherein it was held that this amendment is retrospective. As per the relevant paras reproduced from the order of CIT(A) as above, it is seen that there is no discussion or decision about these arguments made by the assessee in the written submissions filed by the assessee before CIT(A). Hence, we feel it proper to set aside the order of CIT(A) in both these cases and restore this matter back to the file of AO in both the cases for a fresh decision - Appeals of the assessee are allowed for statistical purposes.
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