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2017 (3) TMI 22 - AT - Income TaxDisallowance made u/s 40(a)(ia) - Annual Maintenance Charges - Held that:- We find that there is no clear finding recorded by the authorities below with regard to the nature of each and every payment made by the assessee to MSL in accordance with various clauses of the Joint Venture Agreement dated 15.7.2008 which is the basis on which various payments were made. There is no finding as to whether the said agreement is a mere revenue sharing arrangement or it is merely an agreement allowing the assessee to carry on the food vending business on hire together with some common facilities. We find that such a clear finding would determine the issue of applicability of tax deduction provisions as per Chapter XVIIB of the Act. Thus we deem it fit and appropriate, in the interest of justice and fairplay, to set aside this issue to the file of the ld AO to decide the same afresh.
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