Business deductions and transfer pricing issues: tribunal treatment of software write-offs, donation receipts, warranty provisions, and related expens...
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The ITAT allowed the disallowance under section 40A(9) regarding payments to an educational society, holding such expenses as statutory obligations under the NCWA and not disallowable employee welfare expenses, following the jurisdictional High Court's precedent. The claim for investment allowance under section 32AC was denied, affirming that power generation activities do not qualify for this benefit. The disallowance under section 40(a)(ia) for TDS on interest deposited in court was deleted, as the assessee was not liable for TDS until actual payment to recipients. Expenses on abandoned coal mine development were held to be revenue in nature and allowable. Depreciation at 15% was upheld, recognizing mine-related infrastructure as plant and machinery.
The ITAT allowed the disallowance under section 40A(9) regarding payments to an educational society, holding such expenses as statutory obligations under the NCWA and not disallowable employee welfare expenses, following the jurisdictional High Court's precedent. The claim for investment allowance under section 32AC was denied, affirming that power generation activities do not qualify for this benefit. The disallowance under section 40(a)(ia) for TDS on interest deposited in court was deleted, as the assessee was not liable for TDS until actual payment to recipients. Expenses on abandoned coal mine development were held to be revenue in nature and allowable. Depreciation at 15% was upheld, recognizing mine-related infrastructure as plant and machinery.
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