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    <title>2025 (7) TMI 1490 - ITAT JAIPUR</title>
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    <description>The ITAT Jaipur held that disallowance of professional expenses under section 37(1) on the ground of non-genuine payment was not justified merely because notice under section 133(6) was not served to third parties. The assessee provided sufficient evidence, uncontroverted by the department, to establish the genuineness of payments to corporate entities. The tribunal relied on Supreme Court precedents, ruling that non-appearance of third parties does not warrant adverse inference. The assessee demonstrated that its business was limited to commission agency and not trading. Consequently, the ITAT allowed the assessee&#039;s grounds and upheld the claim of professional expenses.</description>
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      <title>2025 (7) TMI 1490 - ITAT JAIPUR</title>
      <link>https://www.taxtmi.com/caselaws?id=775422</link>
      <description>The ITAT Jaipur held that disallowance of professional expenses under section 37(1) on the ground of non-genuine payment was not justified merely because notice under section 133(6) was not served to third parties. The assessee provided sufficient evidence, uncontroverted by the department, to establish the genuineness of payments to corporate entities. The tribunal relied on Supreme Court precedents, ruling that non-appearance of third parties does not warrant adverse inference. The assessee demonstrated that its business was limited to commission agency and not trading. Consequently, the ITAT allowed the assessee&#039;s grounds and upheld the claim of professional expenses.</description>
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