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2021 (1) TMI 526

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..... CHITRA KAMBLE, JM : This appeal is filed by the assessee against the order dated 11.02.2019 passed by CIT (Appeals), Bareilly, for Assessment Year 2015-16. 2. The grounds of appeal are as under:- 1. The order of Ld. CIT (A) has erred in law and on facts on both. 2. The Ld. CIT (Appeals) has erred in law and on facts on both while rejecting the appeal filed by the assessee without going throu .....

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..... ly unjustified and against the facts for making disallowance of Rs. 1,09,62,523/- out of interest on borrowed funds by alleging that an interest free advance of Rs. 9,13,54,364/- has been given while on another side there is huge trade creditors amounting to Rs. 19,71,27,160/-. 7. Any other ground of appeal(s) which may be raised during the course of hearing of appeal. " 3. The assessee is a pr .....

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..... CIT (Appeals) has not given any categorical finding on merits of the case and also did not give sufficient opportunity of hearing to the assessee. Therefore, the CIT (Appeals) was not right in dismissing the appeal of the assessee without giving proper opportunity of hearing. Hence, we are remanding back the entire issue to the file of the CIT (Appeals) to be decided on merits. Needless to say, t .....

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