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Issues Involved:
The issues involved in this case are: 1. Whether commission payments made by the assessee are allowable deductions u/s 37(1) of the Income-tax Act? 2. Whether the Tribunal erred in ignoring material evidence regarding the genuineness of commission payments? 3. Whether the finding that the parties rendered services for earning commission is perverse? Summary: The Commissioner of Income-tax filed an application u/s 256(2) of the Income-tax Act seeking to refer three questions of law to the High Court regarding the assessment year 1971-72. The assessee, a public limited company, claimed deductions for commission payments, which the Income-tax Officer disallowed. The Commissioner upheld the disallowance and the initiation of proceedings u/s 147(a) due to non-disclosure of material facts. The Tribunal, while upholding the initiation of proceedings, found the commission payments genuine and wholly for business purposes. The Commissioner contended that the Tribunal's findings were perverse as some parties were untraceable and lacked proof of services rendered. However, the Tribunal meticulously examined each case, correspondence, and payment methods, concluding that the payments were genuine and for business purposes. It rejected the argument that middlemen were unnecessary for public sector undertakings, highlighting their various roles in business transactions. The High Court noted that the Tribunal's findings were based on evidence and not devoid of proof. It emphasized that the Tribunal is the final fact-finding authority, and as long as there is evidence supporting its conclusions, it cannot be deemed perverse. Therefore, the High Court rejected the application, with no order as to costs.
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