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2017 (4) TMI 1538 - ITAT BENGALURUAdditions on account of notional interest relating to alleged delayed payment of receivables from AEs - HELD THAT:- As relying on own case [2016 (4) TMI 202 - ITAT BANGALORE]we deem it appropriate to remand this issue back to the file of the Assessing Officer j TPO for examination as to whether there was any agreement for charging interest on late payments or not and if it is found that there was no such agreement, then the T.P. Adjustment made in this regard requires to be deleted. To the extent, the corresponding grounds are treated as allowed. Expenses on account of Electronic Data Processing (EDP) - holding the same as capital expenditure but granting depreciation on it @60% - HELD THAT:- Since this Tribunal has upheld this addition in the earlier years, supra, and since there is no factual change, this issue fails and the corresponding grounds are dismissed. Disallowance of club expenses - HELD THAT:- It is seen from the assessment order that the AO has not examined the nature of these expenditures. The assessee also pleaded that it was not given adequate opportunity in this regard. In the facts and circumstances, we deem it fit to remit this issue to the AO who shall re-examine this issue and after affording due opportunity to the assessee shall pass a speaking order. Short credit of taxes deducted at source - HELD THAT:- We remit this issue back to the file of the Assessing Officer to examine and rework the short credit of taxes deducted at source. Levy of interest u/ss. 234B, C & D - HELD THAT:- As charging of interest is mandatory and there is no discretion in the matter as held by the Hon'ble Apex Court in the case of Anjum M.H. Ghaswala [2001 (10) TMI 4 - SUPREME COURT]. We therefore uphold the action of the AO in charging of the interest u/ss. 234B, C & D. The AO is directed to recomputed the interest u/ss, 234B, C & D after giving effect to this order.
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