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    <title>2019 (9) TMI 479 - CALCUTTA HIGH COURT</title>
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    <description>Section 36(1)(iia) was read with section 16 so that salary is computed after the statutory deductions under section 16, supporting the assessee&#039;s claim. Loss on discarded fixed assets under section 32(1)(iii) was treated as available on discarding as well as on sale, since &quot;sold&quot; and &quot;discarded&quot; are disjunctive; the related scrapped-assets claim still required factual verification. For employee-related expenditure under section 40A(5), motor car and residential telephone costs were not wholly disallowable where business use could be apportioned. Commission payable outside India under section 35B(1)(b)(iv) depended on the correct test for maintenance of an overseas branch, office or agency, and depreciation on moulds turned on unresolved factual findings about the manufacturing process.</description>
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      <description>Section 36(1)(iia) was read with section 16 so that salary is computed after the statutory deductions under section 16, supporting the assessee&#039;s claim. Loss on discarded fixed assets under section 32(1)(iii) was treated as available on discarding as well as on sale, since &quot;sold&quot; and &quot;discarded&quot; are disjunctive; the related scrapped-assets claim still required factual verification. For employee-related expenditure under section 40A(5), motor car and residential telephone costs were not wholly disallowable where business use could be apportioned. Commission payable outside India under section 35B(1)(b)(iv) depended on the correct test for maintenance of an overseas branch, office or agency, and depreciation on moulds turned on unresolved factual findings about the manufacturing process.</description>
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