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    <title>2016 (11) TMI 1751 - ITAT MUMBAI</title>
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    <description>ITAT Mumbai ruled in favor of the assessee on multiple grounds. The tribunal allowed donations as business expenditure under section 37(1) if dictated by commercial considerations. Post-retirement medical benefit provision was remanded to AO for verification of actuarial valuation. Section 14A disallowance against AOP income was deleted as AOP was taxed at maximum marginal rate. Tenancy rights surrender was correctly treated as capital gains, not other sources income. Railway siding expenditure was allowed as revenue expenditure following Guwahati HC precedent. Interest under section 36(1)(iii) was permitted following SC decision in Core Health Care. Establishment expenditure was allowed as business expenditure. Club membership fees for employees were deemed allowable business expenses.</description>
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    <pubDate>Wed, 23 Nov 2016 00:00:00 +0530</pubDate>
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      <title>2016 (11) TMI 1751 - ITAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=312471</link>
      <description>ITAT Mumbai ruled in favor of the assessee on multiple grounds. The tribunal allowed donations as business expenditure under section 37(1) if dictated by commercial considerations. Post-retirement medical benefit provision was remanded to AO for verification of actuarial valuation. Section 14A disallowance against AOP income was deleted as AOP was taxed at maximum marginal rate. Tenancy rights surrender was correctly treated as capital gains, not other sources income. Railway siding expenditure was allowed as revenue expenditure following Guwahati HC precedent. Interest under section 36(1)(iii) was permitted following SC decision in Core Health Care. Establishment expenditure was allowed as business expenditure. Club membership fees for employees were deemed allowable business expenses.</description>
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      <pubDate>Wed, 23 Nov 2016 00:00:00 +0530</pubDate>
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