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    <title>2019 (4) TMI 290 - DELHI HIGH COURT</title>
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    <description>HC held the Tribunal erred in disallowing payments to related directors under s.40A(2) by relying solely on percentage increases rather than whether payments were reasonable and market-commensurate. The Tribunal ignored TDS certificates and other independent evidence showing arm&#039;s-length, market-driven remuneration, as well as directors&#039; qualifications, experience and taxation of the receipts at the highest slab. CIT(A)&#039;s findings on these aspects were overlooked. The HC directed that the disallowance be set aside and decided the issue in favor of the assessee.</description>
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    <pubDate>Wed, 12 Dec 2018 00:00:00 +0530</pubDate>
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      <title>2019 (4) TMI 290 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=377846</link>
      <description>HC held the Tribunal erred in disallowing payments to related directors under s.40A(2) by relying solely on percentage increases rather than whether payments were reasonable and market-commensurate. The Tribunal ignored TDS certificates and other independent evidence showing arm&#039;s-length, market-driven remuneration, as well as directors&#039; qualifications, experience and taxation of the receipts at the highest slab. CIT(A)&#039;s findings on these aspects were overlooked. The HC directed that the disallowance be set aside and decided the issue in favor of the assessee.</description>
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