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2012 (8) TMI 585 - AT - Income Tax50% disallowance of depreciation - Held that:- The facts are not clear in the period for which the machinery had been used by the assessee. The discussion in assessment order and date of acquisition of machines is non-speaking - remitted back to A.O. to work out the period eligible for depreciation. Disallowance made under section.40 (a) (ia) - Held that:- Considering assessee' s submission that question of TDS arise only to that payment made against ‘service’ of labour and he is making payments regarding ‘conversion charges’ as well as payments against supply of ‘material’ and ‘labour’ the issue of deciding the nature of payments is remitted back to AO for afresh consideration & disallowance to the amount ‘payable’ by the end of previous year need to be warranted & there cannot be a disallowance in the case of amounts already paid by assessee before 31st of March of previous year - in favour of assessee for statistical purposes. Disallowance of foreign exchange fluctuation loss, partial disallowance of foreign travel and sales promotion expenses, disallowance of partners’ remuneration - Held that:- All the grounds involving question of facts are not maintainable as they were not raised by assessee before CIT(A)as the grounds not raised and adjudicated before CIT (A) are not maintainable before Tribunal.
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