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2017 (5) TMI 118 - AT - Income TaxProvision for foreign tour of sub-commission agent - disallowance - denial on the ground that it was a provision only, and not an ascertained liability - Held that: - The ld.CIT(A) theoretically allowed, but with a rider that in case provision is allowed to the assessee in Asstt.Year 2008-09, then the deduction granted in Asstt.Year 2009-10 on actual incurrence of the expenditure would be withdrawn. Since we have allowed the provision in the Asstt.Year 2008-09 in the foregoing paragraphs, therefore, if any deduction is being granted to the assessee of ₹ 23,09,500/- in A.Y.2009-10, the same will be withdrawn by the AO - appeal rejected. It is a factual issue which requires verification at the end of the AO, and the ld.CIT(A) has rightly relegated the issue to the AO for verification and adjudication. We do not find any merit in this ground raised by the assessee. Accordingly, it is rejected. Charging of interest under section 234D of the Act - granting of interest under section 244 of the Income Tax Act - Held that: - these are consequential in nature and hence, rejected. Appeal allowed - decided partly in favor of assessee.
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