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2017 (3) TMI 1679 - HC - Income TaxClaim of commission and brokerage u/s 37 - Held that:- The contentions which are raised by the department is required to be considered and the same has been considered at length. The basic contention is that the Tribunal while discussing the matter has observed that in the previous year the department itself has accepted it and was not challenged. Apart from that, the commission which has been paid was paid by account payee and the same was verified. The commission which has been paid from accounts was also verified by the department. In that view of the matter, we are of the opinion that books of account are not rejected and the same is accepted. Thus the view taken by the Tribunal is just and proper and the first issue is required to be answered in favour of the assesseee and against the department. Sales tax incentive as a capital receipt - constructive payment for the purpose of section 43B - Held that:- For Section 43B of the Act, in our opinion, in view of para 9 of the judgment of Delhi High Court in Commissioner of Income Tax Vs. Ram Pistons & Rings Ltd. (2008 (5) TMI 631 - DELHI HIGH COURT), the view taken by the Tribunal is just and proper and this issue is also required to be answered in favour of the assessee and against the department. Section 80JJAA claim permanency is not there and increase is there. The Tribunal while considering the same has taken into consideration the provisions of that Section and rightly granted the benefit in favour of the assessee. Therefore that issue is also required to be answered in favour of the assessee and against the department. Regarding Section 43B of the Act, establishment and research is always for the purpose of benefit of the business. In that view of the matter, the said issue is also required to be answered in favour of the assessee and against the department.
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