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2016 (5) TMI 964 - AT - Income TaxDisallowance of Service Charges paid - where professional services were not rendered by ‘Nova’ or whetger any money in respect of the payments to ‘Nova’ had flown back to the assessee - Held that:- Respectfully following the decision of the Hon'ble Bombay High Court in the case of CIT vs. Nikunj Eximp Enterprises (P) Ltd. (2013 (1) TMI 88 - BOMBAY HIGH COURT ) and CIT vs. Mundra Port and Sez Ltd. (2014 (1) TMI 1594 - GUJARAT HIGH COURT ) we hold in favour of the assessee and direct the AO to delete the disallowance of ₹ 48,49,624/- claimed by the assessee as payment for professional services rendered by Nova Corporate Services P. Ltd. and consequently allow the assessee’s claim. - Decided in favour of assessee Interest under section 234A, 234B, 234C and 234D - Held that:- The charging of interest is consequential and mandatory and the AO has no discretion in the matter. This proposition has been upheld by the Hon'ble Apex Court in the case of Anjum H. Ghaswala (2001 (10) TMI 4 - SUPREME Court ) and we therefore uphold the action of the AO in charging the said interest
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