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    <title>2010 (12) TMI 1372 - ITAT CHENNAI</title>
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    <description>Disallowance of land-development and allied expenses was tested against contemporaneous evidence of actual work and verifiable payments. The Tribunal held that demolition/leveling and site improvements were established by physical verification, purchaser&#039;s statement, contractor confirmations, cheque payments and TDS compliance; discrepancies in contractors&#039; accounts could not, by themselves, negate the assessee&#039;s claim, and disallowance on estimate was impermissible where bills were available and not shown false. Consequently, the full development/road-laying expenses and compound wall/well/tank/pipe/electrification repair expenses were allowed, setting aside partial disallowances. Brokerage was allowed in full since payer, recipient and purchaser admitted payment and TDS was deducted; restriction to a &quot;normal rate&quot; lacked legal basis. Interest on partners&#039; debit balances was held allowable under s.37(1) read with s.40(b), so the Revenue&#039;s challenge failed; Revenue appeal dismissed and assessee appeal allowed.</description>
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    <pubDate>Thu, 16 Dec 2010 00:00:00 +0530</pubDate>
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      <title>2010 (12) TMI 1372 - ITAT CHENNAI</title>
      <link>https://www.taxtmi.com/caselaws?id=465741</link>
      <description>Disallowance of land-development and allied expenses was tested against contemporaneous evidence of actual work and verifiable payments. The Tribunal held that demolition/leveling and site improvements were established by physical verification, purchaser&#039;s statement, contractor confirmations, cheque payments and TDS compliance; discrepancies in contractors&#039; accounts could not, by themselves, negate the assessee&#039;s claim, and disallowance on estimate was impermissible where bills were available and not shown false. Consequently, the full development/road-laying expenses and compound wall/well/tank/pipe/electrification repair expenses were allowed, setting aside partial disallowances. Brokerage was allowed in full since payer, recipient and purchaser admitted payment and TDS was deducted; restriction to a &quot;normal rate&quot; lacked legal basis. Interest on partners&#039; debit balances was held allowable under s.37(1) read with s.40(b), so the Revenue&#039;s challenge failed; Revenue appeal dismissed and assessee appeal allowed.</description>
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      <pubDate>Thu, 16 Dec 2010 00:00:00 +0530</pubDate>
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