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    <title>2009 (5) TMI 30 - Supreme Court</title>
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    <description>Section 43B was applied to the unpaid bottling fee issue, with the same reasoning as in connected earlier years leading to treatment in favour of the assessee. Depreciation on research and development assets of a closed unit was not denied merely for non-use in the relevant year, and the related R&amp;D expenditure disallowance under section 35(1)(iv) was left undisturbed. Technical service charges under the subsequent agreement were held deductible as business expenditure because the arrangement was found, on the facts, to reflect commercial expediency and not a tax-avoidance device. The concurrent findings on these matters were not interfered with.</description>
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      <title>2009 (5) TMI 30 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=33590</link>
      <description>Section 43B was applied to the unpaid bottling fee issue, with the same reasoning as in connected earlier years leading to treatment in favour of the assessee. Depreciation on research and development assets of a closed unit was not denied merely for non-use in the relevant year, and the related R&amp;D expenditure disallowance under section 35(1)(iv) was left undisturbed. Technical service charges under the subsequent agreement were held deductible as business expenditure because the arrangement was found, on the facts, to reflect commercial expediency and not a tax-avoidance device. The concurrent findings on these matters were not interfered with.</description>
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