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Payment to related party cannot be disallowed u/s. 40A(2)(b) as AO failed to prove it as unreasonable: ITAT Delhi
Case Law Details
- Case Name
- Trinity Global Enterprises Ltd. Vs ITO (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2011-12
- Courts
- All ITAT, ITAT Delhi
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Trinity Global Enterprises Ltd. Vs ITO (ITAT Delhi)
ITAT Delhi held that supervision and management charges paid to sister concern (i.e. related parties) doesn’t attract section 40A(2)(b) of the Income Tax Act as AO failed to prove the payment as unreasonable and excessive. Accordingly, charges duly allowed.
Facts- AO observed that the assessee had issued 1500000 shares of Rs.10 each on a premium of Rs.50/- per share and received Rs.90,00,000/- during the year. Based on the information furnished by the assessee, AO the assessee company was failed to furnish confirmation of share money and sh...





