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2010 (12) TMI 725 - AT - Income TaxTDS - commission paid to the persons who have introduced customers to him - applicability of section 194H - Held that: it is stated by the learned DR that since no such explanation was furnished before the Assessing Officer, it would be in the interest of justice, if the entire matter is set aside to the file of the Assessing Officer for re-examination of the case afresh Traveling expenses - The Assessing Officer was of the opinion that there was no business purpose for traveling to Mumbai - It was explained by the learned counsel that the assessee is a share broker and not only the office of the SEBI, Stock Exchange is at Mumbai, but most of the well known brokers are also in Mumbai - He submitted that the disallowance made purely on assumption may be deleted - Decided in favour of assessee. RF connectivity charges - the assessee paid a sum of Rs.57,725/- to Shah Investor's Home Ltd. for obtaining RF connectivity - It is stated by the learned counsel that, if any capital asset is created, it is of Shah Investor's Home Ltd. So far as the assessee is concerned, it has not created any capital assets, it only acquired right of connectivity for which payment was made. Since no capital asset was acquired by the assessee, so far as the assessee is concerned, it was revenue expenditure - Decided in favour of assessee. Replacement of doors and other related expenses - Revenue expenditure or capital expenditure - Find that the Assessing Officer made disallowance on the ground that expenditure was for purchase of new furniture. He therefore disallowed the expenditure as capital expenditure - At the time of hearing, learned counsel was unable to controvert the finding recorded by the Assessing Officer - Decided against of assessee. Telephone expenses - Find that the Assessing Officer disallowed telephone expenditure on the ground that expenses were incurred for purchase of new telephone instrument, therefore, it was capital expenditure - At the time of hearing, no argument was raised to controvert the above finding - Hence, decided against of assessee. Business promotion expenses - The Assessing Officer has disallowed the claim of Rs.30,875/- being business promotion expenses on the ground that no details were furnished. However, at the time of hearing before us, it was explained by the learned counsel that complete details of business promotion expenditure was furnished before the Assessing Officer and the copy of the same is placed of the assessee's paper book - Hence, direct the assessee to again produce details before the Assessing Officer and also direct the Assessing Officer to examine those details and thereafter re-adjudicate the issue in accordance with law. interest u/s 234B and 234C - At the time of hearing, the learned counsel fairly admitted that the charging of interest is consequential - Therefore, direct the Assessing Officer to re-calculate the interest, after final determination of income.
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