2022 (1) TMI 246

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.... BHATTACHARYYA Mr. Tilak Mitra, Adv. Mr. A. Bhowmik, Adv. ... for the appellant/revenue Mr. Chayan Gupta, Adv. Mr. Soumyajyoti Nandy, Adv. ... for the respondent ORDER The Court : This appeal by the revenue filed under Section 260A of the Income Tax Act, 1961 (the Act) is directed against the order dated 28th February, 2017 passed by the Income Tax Appellate Tribunal, "A" Bench, Kolkat....

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....ate Tribunal has erred in law in not considering the provisions of Section 37 of the Income Tax Act, 1961 where under third party payment is not for business provisions and not allowable for deduction? 3. Whether on the facts and circumstance of the case the Learned Income Tax Appellate Tribunal has erred in law by allowing the processing fee Rs. 13,19,24,685/- paid to the ICICI Bank on a....

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....T(A) has held as follows ; "In the instant case, the payment has not been made for acquiring a brand name, but for facilitating for acquisition of the brand name, which in turn, made substantial improvement in earning capacity of the appellant's business. The payment is in the form of a brokerage or commission or service charges (notwithstanding its liability for TDS). Therefore, on the f....