CIT(A) Order based on fresh evidence without opportunity to AO is unsustainable

DCIT Vs Ansaldo Caldaie Boilers India Private Limited (ITAT Chennai) ITAT Chennai held that CIT(A) deleted disallowance of interest made u/s 36(1)(iii) based on the fresh evidences furnished by the assessee. However, CIT(A) failed to afford an opportunity to AO to verify the fresh evidence which is in violation of Rule 46A and hence order remanded back to AO to verify the evidences. Facts- AO noted that the assessee has claimed a sum of ₹.8,59,47,532/- as finance cost for the year under consideration. The interest bearing funds borrowed by the assessee as on 31.03.2015 includes long term loa...