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    <title>2018 (5) TMI 60 - ITAT HYDERABAD</title>
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    <description>Employee-related cash or bearer cheque payments required factual verification to determine whether they were genuinely made for business expenditure and were outside the mischief of section 40A(3), so that issue was remanded. Disallowance under section 40(a)(ia) could not be sustained where the assessee was not treated as an assessee in default under section 201(1), because the second proviso to section 40(a)(ia) was treated as declaratory and retrospective; that relief was granted in principle. Disallowance under section 43B for statutory dues also required verification of whether the amounts had actually been debited to the profit and loss account, and that issue was remanded.</description>
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      <link>https://www.taxtmi.com/caselaws?id=359496</link>
      <description>Employee-related cash or bearer cheque payments required factual verification to determine whether they were genuinely made for business expenditure and were outside the mischief of section 40A(3), so that issue was remanded. Disallowance under section 40(a)(ia) could not be sustained where the assessee was not treated as an assessee in default under section 201(1), because the second proviso to section 40(a)(ia) was treated as declaratory and retrospective; that relief was granted in principle. Disallowance under section 43B for statutory dues also required verification of whether the amounts had actually been debited to the profit and loss account, and that issue was remanded.</description>
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