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2014 (2) TMI 268

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..... proceedings also – the question is not required to be entertained. Deletion of disallowance of remuneration paid to partner of assessee – Held that:- The CIT (Appeals) concluded that though initially the partnership agreement did not have a term containing payment of the partners subject to the limits of the Income Tax Act, for the assessment year under consideration, the partners had already .....

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..... ndment made by Finance Act, 2010 in section 40(a)(ia) of the Income Tax applies retrospectively and thereby permissible date of payment was extended from the last date of previous year to the due date of filing return u/s. 139(i) of the Act, even in the assessment year 2009-10 and thereby deleted Rs.2,36,26,954/-? (B) Whether the ITAT is justified in law as well on facts in deleting addition of .....

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..... ly approved by the Tribunal. In particular, the CIT (Appeals) concluded that though initially the partnership agreement did not have a term containing payment of the partners subject to the limits of the Income Tax Act, for the assessment year under consideration, the partners had already entered into a supplementary agreement making such a provision. It was observed that there was no dispute abou .....

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