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2015 (9) TMI 966 - HC - Income TaxAddition on interest in respect of loans advance to sister concerns - CIT(A) deleted addition - Held that:- S.A. Builders Vs. CIT(A) [2006 (12) TMI 82 - SUPREME COURT] wherein it has been held that what has to be considered is whether the advance was given as a measure of commercial expediency on the part of the respondent-assessee. The Court observed that the revenue cannot put itself in the arm chair of businessman and decide how the business is to be conducted. If the expenditure has been incurred on account of commercial expenditure, then even if there is no legal obligation to incur it, the same is to be allowed. In the above view, the question as proposed does not raise any substantial question of law. - Decided in favour of assessee. Commission paid to related parties - TDS deduction - Tribunal deleted the addition - Held that:- This issue of payment of commission, concurrent finding of fact arrived between the CIT(A) and the Tribunal holding that the commission as claimed had been paid. The view taken by the Tribunal is a plausible view and the same has not been shown to be perverse.- Decided in favour of assessee. Disallowance towards cash expenses - Tribunal allowed part relief - Held that:- We find that the CIT(A) and the Tribunal have reached concurrent findings of fact in restricting the disallowance to the extent of 10% of the cash expenditure. This results in reversing the ad-hoc disallowance of almost 70% done by the Assessing Officer without any justifiable reasons. Moreover, for the subsequent years also the Assessing Officer has himself disallowed the expenses of similar nature only to the extent of 10% as done by CIT(A) and the Tribunal by the impugned order. - Decided in favour of assessee.
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