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    <title>2025 (2) TMI 1756 - ITAT RAJKOT</title>
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    <description>A customs charge for delayed filing of a bill of entry was treated as compensatory in substance and therefore allowable under section 37(1). Commission paid to non-resident foreign agents, where services were rendered outside India and no income accrued or arose in India, was not chargeable to tax in India; section 195 did not apply and disallowance under section 40(a)(i) was unsustainable. An addition for alleged unaccounted cash receipts was deleted because it rested on third-party material without corroboration, and the Rule 46A(3) objection failed. Leave encashment provision remained disallowable under section 43B(f) because deduction is linked to actual payment.</description>
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      <link>https://www.taxtmi.com/caselaws?id=468089</link>
      <description>A customs charge for delayed filing of a bill of entry was treated as compensatory in substance and therefore allowable under section 37(1). Commission paid to non-resident foreign agents, where services were rendered outside India and no income accrued or arose in India, was not chargeable to tax in India; section 195 did not apply and disallowance under section 40(a)(i) was unsustainable. An addition for alleged unaccounted cash receipts was deleted because it rested on third-party material without corroboration, and the Rule 46A(3) objection failed. Leave encashment provision remained disallowable under section 43B(f) because deduction is linked to actual payment.</description>
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