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So far the technical issue relating to the power of the assessing officer in respect of addition made by disallowing compensation paid to the lenders for de-rating is concerned, we noted that in this case the assessing officer has made the addition in respect of the income for which reasons for escapement of assessment were recorded by him i.e. unabsorbed depreciation. Merely the additions so made stand deleted by the CIT (A) will not make the action of the assessing officer illegal if he has added any other income chargeable to tax which has escaped assessment and which comes to his notice subsequently, in the course of the proceedings u/s 147.

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Section 32 of Income Tax Act, 1961— Instant appeal is against the order passed by ITAT dismissing the appeal filed by the revenue.

Held that— Considering the submission made and keeping in view the observations made by the learned Tribunal as quoted above, we are in complete agreement with the view taken by the learned Tribunal in the impugned order and find no case is made out to interfere with the same.[COMMNR. OF INCOME TAX VERSUS INDIAN METALS AND FERR] [2019] 20 ITCD Online (10) [ORISSA HIGH COURT]

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