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    <title>2009 (7) TMI 1273 - ITAT DELHI</title>
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    <description>Deferred ESOP compensation was disallowed because the shortfall between market price and issue price was treated as a notional loss, not expenditure actually incurred or a liability discharged. A non-funded pension provision computed on actuarial basis was held outside section 43B and the disallowance was deleted. Contributions made for community health care and science-related bodies were allowed as revenue expenditure for business expediency. In the section 80HHC computation, excise duty was excluded from total turnover and foreign exchange gain linked to export transactions was included. NPPA demands were deductible when they had been quantified and communicated during the year, but the Chemicals and Petrochemicals demand had not crystallised until the following year and was not deductible for the year under appeal.</description>
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      <link>https://www.taxtmi.com/caselaws?id=182968</link>
      <description>Deferred ESOP compensation was disallowed because the shortfall between market price and issue price was treated as a notional loss, not expenditure actually incurred or a liability discharged. A non-funded pension provision computed on actuarial basis was held outside section 43B and the disallowance was deleted. Contributions made for community health care and science-related bodies were allowed as revenue expenditure for business expediency. In the section 80HHC computation, excise duty was excluded from total turnover and foreign exchange gain linked to export transactions was included. NPPA demands were deductible when they had been quantified and communicated during the year, but the Chemicals and Petrochemicals demand had not crystallised until the following year and was not deductible for the year under appeal.</description>
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