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    <title>2016 (5) TMI 106 - ITAT MUMBAI</title>
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    <description>Commission or incentive payments made to dock workers on behalf of clients were held not to be disallowable under the Explanation to section 37(1), because the expenditure was incurred for the clients and did not constitute the assessee&#039;s own expenditure. Merely routing the amounts through the profit and loss account was not decisive of the true character of the payment. The claimed purpose of incentivising speedy loading and unloading was not disproved, and no legal prohibition on such payments was shown. The disallowance was therefore unsustainable and was to be deleted.</description>
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      <link>https://www.taxtmi.com/caselaws?id=327125</link>
      <description>Commission or incentive payments made to dock workers on behalf of clients were held not to be disallowable under the Explanation to section 37(1), because the expenditure was incurred for the clients and did not constitute the assessee&#039;s own expenditure. Merely routing the amounts through the profit and loss account was not decisive of the true character of the payment. The claimed purpose of incentivising speedy loading and unloading was not disproved, and no legal prohibition on such payments was shown. The disallowance was therefore unsustainable and was to be deleted.</description>
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