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2014 (9) TMI 691 - HC - Income TaxNon-speaking order by Tribunal - Invocation of section 40(a)(ia) - Revenue expenditure allowable as deductions u/s 28(i) – Held that:- Assessee rightly contended that the expenditure could be claimed in the year of payment of TDS - the concession made by counsel pertains to question of law and not question of fact - there was no justification for Tribunal to set aside order of CIT (A) - the Tribunal without applying its mind whether CIT (A) was justified in relying upon decision in similar circumstances with regard to similar issues simply based on the concession given by counsel proceeds to opine that expenditure could be claimed in the year of payment of TDS - The law involved and how the interpretation has to be made was never discussed – thus, the matter is to be remitted back to the Tribunal for fresh consideration – Decided in favour of assessee.
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