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2022 (8) TMI 574 - AT - Income TaxDisallowance of guarantee fee claimed - CIT-A deleted the addition as based on fresh evidence without affording an opportunity to the Assessing Officer under Rule 46A of the Income Tax Rules - HELD THAT:- Admittedly, in this case, CIT(A) has not entertained any fresh material for adjudication of the issue. The TDS on guarantee fee paid by the assessee was very much produced before the Assessing Officer and the Assessing Officer, without considering its entirety, extracted half portion in one page and half portion in another page and made the addition. Moreover, under section 251(1)(a) of the Act, the powers of the first appellate authority are coterminous with those of Assessing Officer, considering the facts and circumstances of the case, we are of the considered opinion that the ld. CIT(A) has rightly assumed the jurisdiction to conclude the issue based on the materials already available with the Assessing Officer. Thus, the ground raised by the Revenue is dismissed. Disallowance of delayed payment of EPF and ESI dues - HELD THAT:- We find that the ld. CIT(A) has rightly followed the decision in the case of CIT v. Industrial Security & Intelligence India Pvt. Ltd. [2015 (7) TMI 1063 - MADRAS HIGH COURT] as well as decision of CIT v. Alom Extrusions Ltd. [2009 (11) TMI 27 - SUPREME COURT] in directing the Assessing Officer to allow the deduction to the extent payments are made within due date of filing of return of income. Thus, the ground raised by the Revenue is dismissed.
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