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2022 (1) TMI 178 - ITAT MUMBAIDisallowing interest paid to NBFC and other Financial Institutions merely because of Non-Deduction of TDS despite of providing interest certificates, confirmations and certificates in form 26A - HELD THAT:- This ground relating to interest paid to NBFC and others, find that Ld.CIT(A) has passed reasonable order and he has directed the AO to verify and grant proportionate relief - we do not find any infirmity in the same. Hence, we uphold the same. Addition u/s 40A - cash payments - HELD THAT:- We find that why this payment cannot be consider under exemption in Rule 6DD u/s. 40A(3) has not been explained. Nor the Ld. DR could point out the same. In considered opinion, the facts and circumstances narrated above fully support the assessee plea that the impugned payment falls under the ken of exemption to section 40A(3) contained under Rule 6DD. Hence, disallowance made in this regard is not legally sustainable. Hence, we set aside the order of Ld.CIT(A) and decide the issue in favour of the assessee.
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