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    <title>2025 (12) TMI 405 - ITAT DELHI</title>
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    <description>ITAT Delhi allowed the assessee&#039;s appeal and set aside the reassessment order and the CIT(A) order. It held that the reopening under Section 147 was invalid as no fresh tangible material indicating suppression or omission was found beyond what was already examined in the original scrutiny under Section 143(3). Further, the disallowance of late delivery charges under Section 37 was deleted, the Tribunal holding that such charges constituted contractual liquidated damages for delay in delivery of goods and were not in the nature of a penalty for any infraction of law. Consequently, the business expenditure claim was directed to be allowed in full.</description>
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      <link>https://www.taxtmi.com/caselaws?id=782865</link>
      <description>ITAT Delhi allowed the assessee&#039;s appeal and set aside the reassessment order and the CIT(A) order. It held that the reopening under Section 147 was invalid as no fresh tangible material indicating suppression or omission was found beyond what was already examined in the original scrutiny under Section 143(3). Further, the disallowance of late delivery charges under Section 37 was deleted, the Tribunal holding that such charges constituted contractual liquidated damages for delay in delivery of goods and were not in the nature of a penalty for any infraction of law. Consequently, the business expenditure claim was directed to be allowed in full.</description>
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