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2022 (2) TMI 1203 - AT - Income TaxDisallowance u/s 80IC - allowance of claim of deduction u/s. 80IC by the Ld. CIT(A) on incomes pertaining to Interest on Electricity Deposit, Recovery from Transporters and Sundry Balances of Vendors written off - Claim denied by A.O holding that they were not in the nature of incomes derived from the business of the assessee for the purposes of being eligible to claim deduction of profits thereon - HELD THAT:- The basis on which the Ld. CIT(A) had allowed the assessee’s claim of deduction u/s. 80IC in relation to income being Interest on Electricity Deposit, Recovery from Transporters and Sundry Balances of Vendors written off, being the order of the Ld. CIT(A) for Assessment Year 2012-13 & 2013-14. [2019 (10) TMI 119 - ITAT AHMEDABAD] the same has been upheld by the ITAT. We have noted that the ITAT with respect to the very same nature of incomes as in the impugned order had held that such incomes has affirmed the findings of the Ld.CIT(A) that they are derived from the manufacturing activity and therefore were eligible to claim deduction of profits earned thereon u/s. 80IC of the Act. D.R. was unable to point out any distinguishing fact before us nor was any decision of the higher authorities brought to our notice holding to the contrary. No reason to interfere in the order of the Ld. CIT(A) allowing assessee’s claim of deduction u/s. 80IC of the Act on Electricity Deposit, Recovery from Transporters and Sundry Balances of Vendors written off. - Decided against revenue. Disallowance of foreign commission paid to non-residents - CIT-A deleted the addition - HELD THAT:- CIT(A) deleted the disallowance of commission expenses finding that the issue was identical to that in Assessment Year 2013-14 [2019 (10) TMI 119 - ITAT AHMEDABAD] wherein identical disallowance was deleted and further noting on facts that most of the commission agents were same as in Assessment Year 2013-14, while the new commission agents fulfilled the criteria laid down for non deduction of tax at source on the commission so paid.We have also noted that the ITAT has upheld the order of the Ld. CIT(A) in Assessment Year 2013-14. Since the the Ld. D.R. was unable to point out any distinguishing fact before us nor was any decision of the higher authorities brought to our notice holding to the contrary nor any infirmity pointed out in the findings of the Ld.CIT(A) vis a vis the new commission agents, we see no reason to disagree with the Ld.CIT(A).the deletion of disallowance of commission expenses is accordingly upheld. - Decided against revenue.
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