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This appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals)-21, Kolkata dated 11.11.2019, whereby he deleted the disallowance of Rs. 12,96,62,086/- made by the Assessing Officer on account of assessee's claim for deduction towards interest on excise duty pertaining to earlier years.

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Sec. 153A of Income Tax Act, 1961— Assessment — AO was wrong in holding that it is a fresh claim u/s. 153A which is factually wrong and incorrect and the claim was already there prior to search and only due to merger of abated proceedings with the proceedings u/s. 153A, the same cannot be treated as a fresh claim made by the assessee and be disallowed. - DEPUTY CIT V/s LOKNATH PRASAD GUPTA - [2020] 28 ITCD Online 030 (ITAT-KOLKATA)