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2016 (7) TMI 810 - AT - Income TaxAdhoc disallowance of consumption of raw material and personnel cost - Held that:- This issue has been adjudicated in assessee’s own case for the AY. 2009-10. Thus respectfully following the decision of the Co-ordinate Bench in the aforesaid case, we set aside the order of CIT(A) to this extent and allow the expenditure incurred on the same. There is no reason to disallow 5% of expenditure on adhoc basis. Brought forward losses of earlier years set-off during the current year while assessing the incomes at a positive figure - Held that:- The action of the AO cannot be appreciated. However, as seen from the orders of ITAT pertaining to earlier years, there are various issues which were sent back to the AO for examination and re-determination. Consequent to those orders, if there are any brought forward losses and (or) un-absorbed depreciation, assessee is entitled to claim set-off and carry forward of the same as the case may be in this year. AO is directed to re-determine the amount and allow the necessary benefit as per the provisions of law. This ground is considered allowed for statistical purposes. Disallowance u/s. 40(a)(ia) - Non remitting of TDS - Held that:- Since the TDS was remitted during the impugned assessment year, assessee is entitled to claim the deduction of the same amount.
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