2009 (3) TMI 990 - HC - Income Tax

Actual date when the assesseee is held entitled to the commission - taxable component - HELD THAT - Respondent has placed before us a chart for different assessment years. The same is taken on record and marked X1 . That would show that even if the commission is worked out as suggested by the Revenue or as suggested by the assessee the taxable component would be the same. The question therefore need not be considered and gone into. Nature of expenditure - expenses has been incurred on advertisement - This is purely a question of fact. The question of law would not arise. Third question is concerned it is an additional ground raised by the assessee which has been referred to the AO for consideration according to law.

Summary

The Bombay High Court dismissed the appeal by the revenue against the tribunal's order. The court found that the commission's actual date did not affect the taxable component. The court also noted that expenses for advertisement were incurred, which was a factual matter. An additional ground raised by the assessee was referred back to the Assessing Officer for consideration. The appeal was dismissed as it did not survive.