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2017 (9) TMI 1149 - AT - Income TaxDisallowance towards interest expenditure incurred in relation to the ECBs invoking the proviso to section 36(1)(iii) - AO observed that the ECBs have been utilized for acquisition of capital assets which have not been put to use, and thus the interest incurred till the date such assets have been put to use should be disallowed - Held that:- This ground of appeal has already been decided in AY 2009-10 and AY 2010-11 by orders of even date deleting the disallowance. Since there is no change in facts in this year from the facts in preceding years, accordingly, we direct the ld AO to delete the disallowance of interest. Hence, ground no 2 of appeal is allowed. Disallowance of year-end accruals - Held that:- This ground of appeal has already been decided in AY 2010-11 where this disallowance is deleted and since there is no change in facts in this year from the facts in preceding year, we direct the ld AO to delete the disallowance accordingly. In the result ground no. 4 of the appeal of the assessee is allowed. Disallowance of Support Service expenditure - Held that:- This ground of appeal has already been decided in AY 2009-10 and AY 2010-11 by orders of even date deleting the disallowance. Since there is no change in facts in this year we direct the ld AO to delete the disallowance accordingly for this year too. Transfer Pricing Adjustment - Held that:- As relying on earlier AYs we set aside this ground to the file of the ld AO with direction to determine ALP of the transactions. Disallowance on account of statutory liabilities payable - non-furnishing of challans for TDS payable on salary and on account of service tax - Held that:- In view of this matter, we allow assessee opportunity to the assessee to submit the evidences before the lower authorities for necessary verification within 15 days of the receipt of this order and Ld AO is directed to verify the same and decide the issue in accordance with law.
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