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2019 (4) TMI 2083 - BOMBAY HIGH COURTNature of expenditure - Revenue share of licence fees - Whether revenue expenditure allowable as deduction u/s 37(1) - HELD THAT:- Question No. (i) is covered against the Revenue passed by this Court in [2016 (4) TMI 1410 - BOMBAY HIGH COURT] involving this very assessee. Without recording separate reasons, therefore, this question is not considered. Disallowance of interest expenditure towards interest free loan to the subsidiary - HELD THAT:- Question No. (ii) is covered by the virtue of the decision of the Supreme Court in the case of S.A. Builders Ltd [2006 (12) TMI 82 - SUPREME COURT] Hence, this question is also not entertained. Appeal is admitted for consideration of following substantial question of law:- Whether in facts of the case, the Tribunal was right in law in remanding the question of deduction of provision made by the respondent – assessee for leave encashment before the Assessing Officer with further direction not to recover the sum till the availability of the decision of the Supreme Court against the judgment of the Calcutta High Court holding that Section 43B(f) of the Income Tax Act, 1961 was unconstitutional?
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