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2015 (8) TMI 260 - HC - Income TaxDisallowance under Section 40A(2) 2% out of 5% commission paid by the appellant to Govind Glass Industries Ltd. - Held that:- Assessing Officer held relating to the question framed in this appeal i.e. commission of Govind Glass Industries limited, we see no germane reason in the finding of the Assessing Officer in concluding against the appellant. Further, the CIT(A) while partly allowing the appeal of the assessee has again in paragraph No.8 has held that the commission payment to GGL was justified but the CIT(A) has not given any reason why the total sales of 5% should not be granted. Similar mistake came to be committed by the Tribunal. The Tribunal again fall into error while partly allowing the appeal of the assessee. The Tribunal has also not given any germane reasons why 5% interest is not allowed. Further, it appears from the record that the appellant has produced the evidence before the Tribunal. Therefore, the decisions relied upon by the learned advocate for the appellant would enure for the benefit of the appellant. Taking into consideration the aforesaid facts and circumstances of the case and also the principle laid down by this Court in the case of Ashok J. Patel (2013 (12) TMI 1480 - GUJARAT HIGH COURT) & Sarjan Realities Ltd. (2014 (8) TMI 206 - GUJARAT HIGH COURT), it cannot be said that the Tribunal was right in granting 3% commission out of 5% to Govind Glass Industries Ltd. - Decided in favour of the assessee
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