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2021 (1) TMI 910 - AT - Income TaxNot allowing business expenditure incurred against the business income - A.O not allowing cost of construction against the business income - appellant prays that cost of construction to be allowed against the amount received on issue of debentures - CIT(A) had refrained from adjudicating the aforesaid claim of the assessee, for the reason, that he held a conviction that now when he had vacated the treating of the proceeds received on issue of shares/debentures of ₹ 4.20 crores as the assessee’s income from business by the A.O, therefore, adjudication of the aforesaid alternative ground raised by the assessee would not be necessary. HELD THAT:- In our considered view, the piecemeal disposal of the appeal by the first Appellate Authority cannot be accepted. As per the settled position of law, the appellate authorities are obligated to dispose off all the grounds of appeal raised by the appellant before them so that multiplicity of litigation may be avoided. There can also be no escape on the part of the CIT(A) from discharging the statutory obligation cast upon him to deal with and dispose off all the grounds of appeal on the basis of which the impugned order has been contested by the assessee before him. We, thus, in all fairness and in the interest of justice, and in order to avoid multiplicity of litigation are of the considered view that the matter requires to be revisited by the CIT(A) for adjudicating the aforesaid alternative ground of appeal which was raised by the assessee in unequivocal terms before him, but had not been adjudicated by him - matter requires to be restored to the file of the CIT(A), with a direction to dispose off the aforesaid alternative ground of appeal that was raised by the assessee before him.
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