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2016 (9) TMI 112 - CALCUTTA HIGH COURTAllowability of expenditure - business expenditure of payment of commission to its agents of marketing and related services - Held that:- It is not in dispute, pursuant to notice issued by the Assessing Officer, both the agents confirmed in writing that they had rendered services to the assessee. The assessee has, before making payment, deducted tax at source. The Consolidated Construction Co. [Agencies] Pvt. Ltd. in its letter dated 15th February, 2006 addressed to the Assistant Commissioner of Income Tax has confirmed that they were appointed marketing agent of the assessee. They have also disclosed extract of their books of account in order to show the dealings and transactions between the assessee and the aforesaid agent. They have also disclosed their PAN card number. By their letter dated 20th March, 2006 they once again wrote to the Assistant Commissioner of Income Tax furnishing various information including that the amount of commission earned by them had been indicated in their books of account and had also been offered for taxation and assessment was made which was also disclosed by them. The other agent namely, SPS Metal Cast and Alloys Ltd. by its letter dated 22nd March, 2006 furnished to the Assistant Commissioner of Income Tax, a copy of the extract of the ledger from its books of account disclosing the dealings and transactions between the assessee and the aforesaid agent and the copies of their balance sheet for the relevant period together with their PAN card number. From the evidence disclosed by the assessee we are inclined to think that the assessee had adduced such proof as it was in its power to prove - Decided in favour of assessee.
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