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2014 (10) TMI 75 - BOMBAY HIGH COURTGenuineness of Expenses – Commission paid or not - Held that:- This is nothing but an attempt of seeking re-appreciation and reappraisal of the factual findings - The Tribunal has rightly found that the total commission of ₹ 85.32 lacs was paid - That is by the Assessee who is in the business of import and export of bullion - The amount included quantum paid to M/s Himneel Breweries Limited. The argument was that the services of Director of this Company, namely, Mr. Laxman Khemka were utilized for purchasing the bullion - if the services of a third person are genuinely utilized, then, the commission has to be allowed - the Assessee stated that no such commission was paid in earlier or later year - the Assessee could have procured the bullion without assistance of any agent - the Tribunal in order to satisfy itself whether any services are rendered by this Company, which is in a distinct business, that the presence of it's Director, namely, Mr. Laxman Khemka was found necessary and it was stated that he was not cooperating. There is no supporting evidence to hold that Silver was imported by the Assessee at a lesser price from M/s Jerad Metal and that was possible only because of the contacts of Mr. Laxman Khemka with that entity and because of intervention of one Mr. Amar Singh, Manager of ICICI Bank - If the services were rendered by Mr. Laxman Khemka the commission ought to be paid to him, but that is not to be found to be the factual position – the order of the Tribunal is upheld – Decided against assessee.
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