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The main contention of the Revenue is that the respondent cannot be allowed to claim deduction regarding lease equalisation charges since as such there is no express provision regarding such deduction in the IT Act. However, it is apt to note here that the respondent can be charged only on real income which can be calculated only after applying the prescribed method. The IT Act is silent on such deduction. For such calculation, it is obvious that the respondent has to take course of Guidance Note prescribed by the ICAI if it is available. Only after applying such method which is prescribed in the Guidance Note, the respondent can show fair and real income which is liable to tax under the IT Act. Therefore, it is wrong to say that the respondent claimed deduction by virtue of Guidance Note rather it only applied the method of bifurcation as prescribed by the expert team of ICAI.

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Section 37 of Income Tax Act, 1961—Business Expenditure— In case of assessee,liability had already arisen with certainty and the committee was constituted for the purpose of wage revision and that the wages would be revised was a foregone conclusion ; Merely because the making of the report and implementation thereof took time, it could not be said that there was no basis for making the provision, therefore, it was held that the ITAT and CIT (A) have fell in error by disallowing the expenditure on account of anticipated pay revision — HOUSING & URBAN DEVELOPMENT CORPORATION LTD. Vs. ADDI. CIT [2020] 421 ITR 599 (DELHI)

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