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2012 (5) TMI 629 - DELHI HIGH COURTTDS u/s 194H - Held that:- The factual finding as recorded by the first appellate authority and the tribunal is that the payments were made by the purchasers who had booked plots/flats. While making payment, discounted price was paid by the buyers. In these circumstances, we do not think that Section 194H of the Act can be invoked. Therefore, no substantial question of law arises on the first aspect. Disallowance of commission payment under Section 40A(2)(b) - Held that:- They were carrying on business in the name of Ethical Infrastructures Private Limited. Similarly, Ravinder Saund and Noorjahan Saund, husband and wife, were in the business of real estate. Ravinder Saund, was earlier the General Manager of Ansal Infrastructures Private Limited and had subsequently joined another developer. The bills issued by them were placed on record. Gaurav Mukhija, Praveen Mukhija and Anil Mukhija were relatives of the assessee but they too were in the real estate business for last several years. Their offices were located at Kundli and Sohna Road, etc. S.M.Mukhija (HUF) was similarly in business of real estate for the last several years. Advertisements, which were published by them to secure business was relied upon and highlighted. The CIT(Appeals) has recorded that the turnover of the assessee had increased from ₹ 1,65,28,203/- to ₹ 3,36,78,330/- and the net profit had also increased from ₹ 42,53,421/- to ₹ 79,18,404/-. Increase in turnover as well, as the net profit, required increase in manpower to co-ordinate with the clients. The aforesaid findings have been upheld by the tribunal. These are again findings of fact and are not perverse.
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