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2022 (12) TMI 66 - ITAT DELHITDS u/s 194A - Addition u/s 40(a)(ia) - interest on loan borrowed - Non deduction of TDS - admission of the aforesaid additional evidences - HELD THAT:- Failure on the part of the CIT(A) to communicate this (erroneous) requirement, if in her opinion this was a necessary requirement, to the appellant assessee, and, to then instead refuse the admission of additional evidences; was unjust, unfair and harsh. We order the admission of the aforesaid additional evidences in the nature of certificates issued by the learned Chartered Accountants under Rule 201(1) of IT Act, which were filed by the assessee in the course of appellate proceedings in the office of the CIT(A). We restore the issue regarding allowability of interest expenses amounting to rupees aforesaid total amount to the file of the AO with the direction to pass denovo order on the specific issue of allowability of aforesaid amount after taking due cognizance of the aforesaid additional evidences and after providing reasonable opportunity to the assessee. We specifically clarify that the AO will be at liberty to carry out due verification of the aforesaid additional evidences; and further, to examine the purpose of the interest payment to M/s Bajaj Finance Ltd. having regard to the assessee’s business/profession; before finalizing fresh order, for coming to a conclusion about its allowability. All the grounds of appeal are treated as disposed of in accordance with aforesaid directions. For statistical purposes this appeal is partly allowed.
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