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    <title>2003 (7) TMI 278 - ITAT DELHI-E</title>
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    <description>Section 43B relief under a deferment scheme depends on the tax liability being actually converted into a loan within the relevant year; where that conversion is proved, the deduction is available, but an unproved or later conversion is not. Royalty paid to a non-resident is not disallowable under section 40(a)(i) merely because tax was deposited after the year, if tax was deducted during the year and paid within the permitted framework. A claim for loss on material not received by customers must be supported by credible evidence of business loss. Ad hoc telephone disallowance for possible personal use may be deleted on the facts. For section 80HHC, filing Form 10CCAC before completion of assessment can satisfy the requirement. Interest under section 234B may be charged through ITNS 150 as part of the assessment order.</description>
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      <link>https://www.taxtmi.com/caselaws?id=65235</link>
      <description>Section 43B relief under a deferment scheme depends on the tax liability being actually converted into a loan within the relevant year; where that conversion is proved, the deduction is available, but an unproved or later conversion is not. Royalty paid to a non-resident is not disallowable under section 40(a)(i) merely because tax was deposited after the year, if tax was deducted during the year and paid within the permitted framework. A claim for loss on material not received by customers must be supported by credible evidence of business loss. Ad hoc telephone disallowance for possible personal use may be deleted on the facts. For section 80HHC, filing Form 10CCAC before completion of assessment can satisfy the requirement. Interest under section 234B may be charged through ITNS 150 as part of the assessment order.</description>
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