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2004 (8) TMI 43 - HC - Income TaxIn order to get duty draw-back released from the Central Government, the assessee had incurred expenses of Rs. 2,37,000 which was paid to the commission agent - AO had disallowed a part of sum on the ground that it is excessive payment - Assessing Officer has neither the expertise of running a business nor has any specialisation to sit in judgment over the assessee as to whether such an expenditure was incurred for commercial expediency or not. Apart from it, there is no provision to disallow a part of such expenditure on the ground of excessiveness when the expenditure has been found to be genuine – Held that Tribunal was justified in allowing the deduction.
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