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2017 (5) TMI 367 - HC - Income TaxDisallowance of procurement expenses - Held that:- Though these appeals were heard and from a perusal of the order passed by the tribunal, it is apparent that it has come to a conclusion that there cannot be any justification for such 10% dis-allowance. There is nothing like a reasonable token disallowance. The tribunal found that its earlier order of 30th December, 2005 was thus violated. It deleted the retention of disallowance of 10% made by the Commissioner of Income Tax (Appeals). As far as the Revenue's appeals are concerned, from the discussion and from para 7 onwards, it is apparent that the tribunal found that such dis-allowances as were made cannot be sustained for the reasons that the tribunal has set out. We do not think that we should re-appreciate and reappraise the factual matters. Our further appellate jurisdiction does not enable us to do this. The concurrent orders, therefore, cannot be termed as perverse or vitiated by any error of law apparent on the face of the record. - Decided against revenue
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