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Ld. AO & Ld. CIT(A) has erred in making an adjustment of INR 390,000,000 to the total income of the Appellant by erroneously considering the credit notes issued to its Associated Enterprises ("AE") as income of the Appellant as per provisions of section 5(1)(b) of the Act and thereby making an adjustment on account of undisclosed income under section 28 of the Act.

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Section 251 read with section 5 of the Income Tax Act, 1961 — Commissioner (A) — It is incumbent upon first appellate authority to pass a speaking order after proper appreciation of facts and duty of appellate authority is to remove errors in order of lower authorities and remit issue with or without direction for reconsideration unless prohibited by law — Fujitsu Consulting India P. Ltd. vs. Assistant Commissioner of income tax [2019] 179 ITD 278 (Delhi—trib)

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