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    <title>2026 (1) TMI 1651 - DELHI HIGH COURT</title>
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    <description>Section 40A(i) of the Income-tax Act, 1961 operates where expenditure involving a payment has been claimed or allowed but the required tax deduction has not been made. External Development Charges paid to HUDA were shown in the assessment records and profit and loss account as neither claimed nor allowed as expenditure. The statutory condition for applying the disallowance provision was therefore absent, and the amount was not liable to disallowance under Section 40A(i). The governing principle is that an amount neither claimed nor allowed as expenditure cannot be disallowed under a provision regulating expenditure disallowances.</description>
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      <link>https://www.taxtmi.com/caselaws?id=470077</link>
      <description>Section 40A(i) of the Income-tax Act, 1961 operates where expenditure involving a payment has been claimed or allowed but the required tax deduction has not been made. External Development Charges paid to HUDA were shown in the assessment records and profit and loss account as neither claimed nor allowed as expenditure. The statutory condition for applying the disallowance provision was therefore absent, and the amount was not liable to disallowance under Section 40A(i). The governing principle is that an amount neither claimed nor allowed as expenditure cannot be disallowed under a provision regulating expenditure disallowances.</description>
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