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    <title>2026 (6) TMI 1324 - ITAT BANGALORE</title>
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    <description>Overburden removal and mine development expenditure incurred by a mining contractor was treated as revenue in nature and deductible under section 37(1), because the assessee was a contractor engaged in extraction activity and not the mine owner; section 35E was noted as an amortisation provision for otherwise non-deductible capital expenditure and not a bar to deduction otherwise available. Allowing only net mine development expenditure while also taxing the corresponding realisation was held to create duplication, so the double addition was reduced. A further claim for expenditure earlier disallowed for TDS default was remitted to the AO for verification after evidence of later deduction and deposit of tax.</description>
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      <description>Overburden removal and mine development expenditure incurred by a mining contractor was treated as revenue in nature and deductible under section 37(1), because the assessee was a contractor engaged in extraction activity and not the mine owner; section 35E was noted as an amortisation provision for otherwise non-deductible capital expenditure and not a bar to deduction otherwise available. Allowing only net mine development expenditure while also taxing the corresponding realisation was held to create duplication, so the double addition was reduced. A further claim for expenditure earlier disallowed for TDS default was remitted to the AO for verification after evidence of later deduction and deposit of tax.</description>
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