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    <title>2010 (12) TMI 1319 - ITAT MUMBAI</title>
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    <description>The Tribunal allowed the appeal, overturning the lower authorities&#039; decision to disallow the earnest money deposit as a capital expenditure. It held that the forfeiture of earnest money was a business loss, not a penalty, as it was in accordance with the agreement terms and not due to any legal violation. Since the earnest money was for business purposes and not related to capital assets, the loss was considered allowable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=285152</link>
      <description>The Tribunal allowed the appeal, overturning the lower authorities&#039; decision to disallow the earnest money deposit as a capital expenditure. It held that the forfeiture of earnest money was a business loss, not a penalty, as it was in accordance with the agreement terms and not due to any legal violation. Since the earnest money was for business purposes and not related to capital assets, the loss was considered allowable.</description>
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