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2018 (7) TMI 1253 - AT - Income TaxExpenditure under the head ‘power and fuel’ - Held that:- Assessing Officer after considering the explanation of the assessee, came to a conclusion that the entire amount of ₹ 3, 84, 60, 222/- is not exclusively incurred for the purpose of business and only expenditure incurred as per the Director’s Report (Form-A) of ₹ 1, 80, 66, 693/-, is allowed by treating it as exclusively incurred for the purpose of business. The remaining balance of ₹ 2, 03, 93, 529/- (Rs. 3, 84, 60, 222 – ₹ 1, 80, 66, 693) was disallowed and added back to the total income of the assessee. On appeal, ld. CIT(A) by considering the explanation given by the assessee directed the Assessing Officer to delete the addition. CIT(A) not at all examined the details in respect of ₹ 2, 03, 93, 529/- claimed by the assessee. Even, the Assessing Officer also not examined the details filed by the assessee. The assessee has not filed the Director’s Report before us. The claim of the assessee has to be examined with proper evidence - set aside the order passed by the ld. CIT(A) and remit the matter back to the file of the Assessing Officer and direct the AO to decide the issue denovo by considering the details in accordance with law after providing reasonable opportunity of hearing to the assessee. The assessee is also directed to file all the details in respect of expenditure claimed of ₹ 2, 03, 93, 529/- before the Assessing Officer.
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