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    <title>2016 (7) TMI 948 - ITAT PUNE</title>
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    <description>Compounding fee paid to RBI for contravention of FEMA, in relation to external commercial borrowing regulations, was treated as a compensatory monetary consequence of regulatory non-compliance rather than a penalty for an offence. On that basis, the Explanation to section 37(1) of the Income-tax Act, 1961, was held inapplicable because the expenditure did not arise from an offence or from a purpose prohibited by law. The claim was therefore allowable as a business deduction, and the disallowance was set aside in favour of the assessee.</description>
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      <description>Compounding fee paid to RBI for contravention of FEMA, in relation to external commercial borrowing regulations, was treated as a compensatory monetary consequence of regulatory non-compliance rather than a penalty for an offence. On that basis, the Explanation to section 37(1) of the Income-tax Act, 1961, was held inapplicable because the expenditure did not arise from an offence or from a purpose prohibited by law. The claim was therefore allowable as a business deduction, and the disallowance was set aside in favour of the assessee.</description>
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