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 Aggrieved by that part of the ld. CIT(A) order, which is against Revenue, the Revenue is in appeal before us. Ld. Sr. Departmental Representative submitted that the ld. CIT(A) after considering the additional evidence ought not have granted partial relief in respect of addition made u/s.36 (1) (iii) of the Act.

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Section 36(1)(iii) of the Income Tax Act, 1961 read with rule 46A of the Income Tax Rules, 1962 — Business Expenditure — interest on borrowed Capital — Order passed by Commissioner (A) was to be set aside as in course of appellate proceedings,  Commissioner (A) deleted addition of interest after considering additional evidence produced by the assessee under rule 46A of 1962 rules without granting an opportunity of hearing to AO— Deputy Commissioner of Income tax vs. Jain Housing [2019] 178 ITD 814 (Chennai-trib)

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