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2023 (7) TMI 750 - GUJARAT HIGH COURTDisallowance on warehouse rent expenses - HELD THAT:- ITAT confirmed that disallowance on account of warehouse rent being excessive payment was rightly deleted by the CIT(A) as the assessee has given the details related to warehouse expenditure on rent thereby filing the details of related to entry/payment of the corresponding receipts along with cheques. CIT(A) has taken cognizance of the same referring to the bills and invoices towards warehouse rent and recipient as party has already paid due tax thereon. Therefore, ground of Revenue’s appeals are dismissed. Addition of repairs and maintenance - HELD THAT:- ITAT confirmed that the said party and the assessee’s books certain repair and maintenance was carried out as per the bill dated 01.03.2010 and 11.03.2010. The payments were made after deducting TDS. The parties directly confirmed the said charges while replying notice u/s133(6) of the act. Thus, AO has totally ignored the evidences placed before him and, therefore, the CIT(A) rightly deleted this addition Addition of interest expenses - HELD THAT:- ITAT confirmed that CIT(A) did not agree with the view of the Assessing Officer that the said addition was required to be made as there was no case made out on facts and in law to invoke provisions of section 36(1)(iii) of the Act and making any disallowance. In arriving at such finding, the Commissioner of Income Tax did not make any error. He relied on various decisions. The finding was confirmed by the Tribunal. All the concurrent findings are arrived at by the appellate Commissioner and the Income Tax Appellate Tribunal in favour of the assessee. The findings are arrived at on the basis of material available and appreciation thereof. They were the findings on facts, not liable to be interfered with by this court.
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