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2011 (1) TMI 1111 - HC - Income TaxAOP vs. Partnership firm - violation u/s 144 - Held that:- As it is seen that photocopy of partnership deed only was produced and in spite of opportunity given the assessee could not produce its original - Assessing Officer noticed that the assessee manipulated resolution providing for payment of interest and salary to partners in terms of Section 40(b) and there is no provision in the partnership deed providing for payment of interest and salary to partners - Assessing Officer has established that the assessee has committed violations falling under Section 144 which disentitle the assessee to be assigned status of a firm - Decided against the assessee Unexplained expenditure - Held that:- Out of various additions, this one amount was sustained by the Tribunal for the reason that the assessee could not claim their stand that this amount is paid out of business funds i.e. from available source, which was used as a source for construction of the hospital buildin - Decided against the assessee
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