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    <title>2009 (9) TMI 695 - ITAT AHMEDABAD</title>
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    <description>Amounts paid under a transport scheme for carrying excess load were held compensatory, not penal, because the charge was collected in advance, varied with the extent of overload, and did not arise from detention or confiscation for an infraction of law. The Tribunal therefore treated the payment as deductible business expenditure and rejected disallowance under section 37(1). It also held that, in a quantum appeal, the CIT(A) had no jurisdiction to record findings that the assessee concealed income or furnished inaccurate particulars for purposes of penalty under section 271(1)(c), and those observations were quashed.</description>
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    <pubDate>Fri, 18 Sep 2009 00:00:00 +0530</pubDate>
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      <title>2009 (9) TMI 695 - ITAT AHMEDABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=123061</link>
      <description>Amounts paid under a transport scheme for carrying excess load were held compensatory, not penal, because the charge was collected in advance, varied with the extent of overload, and did not arise from detention or confiscation for an infraction of law. The Tribunal therefore treated the payment as deductible business expenditure and rejected disallowance under section 37(1). It also held that, in a quantum appeal, the CIT(A) had no jurisdiction to record findings that the assessee concealed income or furnished inaccurate particulars for purposes of penalty under section 271(1)(c), and those observations were quashed.</description>
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      <pubDate>Fri, 18 Sep 2009 00:00:00 +0530</pubDate>
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