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2015 (10) TMI 1519 - HC - Income TaxDeduction on account of commission paid to M/s UNIPLUS INDIA LTD - ITAT allowed the claim - Held that:- The Court is unable to find any justification for the ITAT to have overlooked the factual findings of the AO and the CIT (A) which showed that the story made up by the Assessee of engaging the services of UIL for procuring orders from the Government of Punjab and other parties, was not substantiated. The ITAT surmised that "There must have been something in the bottom that assessee was able to procure the order and able to sell the machine of ₹ 5.35 lakhs at a sum of ₹ 13.76 lakhs". This was the phototypesetting machine procured by the controller of printing and stationery, Government of Punjab. It is inconceivable that for making a profit in the sum of ₹ 8 lakhs, the Assessee would agree to pay ₹ 5 lakhs as commission. The order of the ITAT fails to discuss the elaborate reasons given both by the AO and the CIT (A) for concluding that no 'finder services' were shown to have been rendered by the UIL to the Assessee. The only conclusion that the Court can draw from a reading of the impugned order of the ITAT is that it completely overlooked the evidence on record and came to a conclusion that can only be termed as perverse. The Court is, therefore, unable to sustain the impugned order of the ITAT. - Decided in favour of the Revenue
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