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2019 (5) TMI 200

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..... ry evidences not provided or given for the expenses claimed - AO disallowed the claim on the ground that there was no specific service which could be attributed to the Assessee and also on the ground of excessive payment in terms of Section 40A(2) - Tribunal was of the opinion that the business expediencies for incurring such expenditure cannot be questioned by the Revenue and in relation to Secti .....

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..... t is pointed out that the payee had also paid cash at the tax rate as that of the Assessee. - Decided against revenue.
AKIL KURESHI & SARANG V. KOTWAL, JJ. Mr. Charanjeet Chanderpal for Appellant in all Appeals. Mr. P. J. Pardiwalla, Senior Advocate a/w Mr. Atul K. Jasani for Respondent in all Appeals. P. C. : 1. These Appeals arise in the common background. They have been heard together a .....

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..... s engaged in the business of manufacturing and selling aluminum radiators, coolants and other automobile related machinery. The Assessee had entered into an agreement with one Tata Autocomp Ltd. for providing certain services for which the said expenditure was incurred. This was towards payment of salary to technical, administrative staff and marketing staff as also towards advertisement and marke .....

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..... ion 40A(2)(b) of the Act, the Tribunal was of the opinion that there was no material on record to suggest that such expenditure was excessive or unreasonable having regard to the market value of the services for which the payment was made. The Tribunal held that the expenditure was incurred for legitimate needs of the business. 7. We do not find any error in the view of the Tribunal. As pointed .....

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