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2017 (11) TMI 67 - ITAT MUMBAIDisallowance of the lease rent expenditure - Held that:- As being in agreement with the view taken by the coordinate bench of the Tribunal while deleting the aforesaid disallowance in the case of the assessee for A.Y. 1997-98 and A.Y. 1998-99. We are of the considered view that no infirmity emerges from the order of the CIT(A) as held for allowing business expenses it is not necessary that the business should have produced corresponding income. The expenses is to be allowed if it is established that they are incurred for the purpose of the business. In this case the object and the incurrence of the expenses is not in doubt, who we find had followed the aforesaid order of the Tribunal. We are of the considered view that as the aforesaid order of the Tribunal had neither been set aside or stayed by the Hon’ble High Court, therefore, we are not persuaded to be in agreement with the Ld. D.R. that the CIT(A) had erred in following the order of the Tribunal and deleting the addition in the hands of the assessee. We thus uphold the order of the CIT(A) in respect of the deletion of the disallowance of lease expenses Claim of deduction u/s 80IA - Held that:- D.R. had not been able to dislodge the observations of the CIT(A) on the basis of which the claim of deduction raised by the assessee u/s 80IA had been allowed by the CIT(A) subject to certain modifications. We thus not finding any infirmity with the order of the CIT(A), therein uphold the view taken by him as regards the entitlement of the assessee towards claim of deduction u/s 80IA.
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