TMI Blog2013 (11) TMI 737X X X X Extracts X X X X X X X X Extracts X X X X ..... ability of rental charges of gas cylinders – Held that:- Benefit of Rs.9,615/- on account of rental charges of gas cylinders – It is finding of fact – Decided against the Revenue. Allowability of payment of consultancy of Rs.3,50,000/- to M/s. K.L. Scientific as broker's commission for importing the gas cylinders – Held that:- This is question of fact – Payment of consultancy fee allowed – Deci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n raised for consideration of the Court:- 1. Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was correct in law in upholding the action of the Commissioner of Income Tax (Appeals) in deleting the disallowance of interest amounting to Rs.8,25,999/- provided in terms of levy sugar Equalization Fund Act on excess sugar price realized in earlier years bec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upholding the action of the CIT (A) in deleting the addition of Rs.12,570/- made on account of rental charges of Gas Cylinders without appreciating the facts of the case" We are informed by Sri Ashish Bansal that the same questions of law inter-se between the parties, in Income Tax Appeal No.151 of 2001 (CIT Vs. M/s. K.M. Sugar Mills Ltd, Kanpur) for the assessment year 1989-90, have been decide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s.9,615/- on account of rental charges of gas cylinders. It is finding of fact. There is no illegality in the same. 4. The Commissioner of Income tax (Appeals) (the CIT) has upheld the payment of consultancy of Rs.3,50,000/- to M/s. K.L. Scientific as broker's commission for importing the gas cylinders. This finding has been upheld by the Tribunal. There is no illegality in the same. 5.The app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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