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In the instant case, the assessee has not proved any nexus between the business and expenses claimed. Further, in the reply dated 5th February, 2013, MGF Development Ltd. has not given the reply regarding specific details of services provided to the assessee. He submitted that this was an integrated project consisting of shopping malls upto three floors and hotel of 4-6 floors. Revenue sharing was done only for the hotel and not for shopping mall. Further, no TDS has been made from the payments made against services provided. The provisions of section 40A(2)(b), according to the ld. CIT, DR were also required to be examined for considering the issue of sharing of revenue. He submitted that this project was not developed as a joint venture. The gross revenue from the business has to be shown in the Profit & Loss Account and against which the expenses can be claimed in the Profit & Loss Account. However, the assessee, in the garb of collaboration agreement has diverted a major part of the sale proceeds/revenue to a related party.

Shanti Prime Publication Pvt. Ltd.

Sec. 40A of Income Tax Act, 1961 - Business disallowance - The Department could not sit on the armchair of the assessee and decide as to whether it was appropriate on business expediency for the assessee to incur such expenditure or not. If the transaction is otherwise valid in law and is a part of tax planning, merely because it has resulted in reduction of tax, such expenditure cannot be ignored raising the issue of underlying motive of entering into this type of transaction. Tribunal dismissed the Appeal of the revenue filed against the order of CIT(A) in deleting the addition of Rs.47,07,37,143/- made by the AO on account of Sham Transaction of Revenue Sharing. - ASSTT. CIT V/s VISHNU APARTMENTS (P.) LTD. - [2020] 204 TTJ 033 (UO)(ITAT-DELHI)

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