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2018 (6) TMI 837 - AT - Income TaxValidity of reopening u/s 147 - Disallowance of Commission payment - Held that:- The commission paid to the same / similar parties was already disallowed in later years and the same was also got confirmed by the ITAT. Thus, there is no merit in the contentions that commission amount is eligible for deduction - thus we find that there is no merit in the contentions of assessee on the issue of reopening and also disallowing the claim of commission - hence AO has correctly exercised his jurisdiction in enquiring about the commission payments and disallowing the same - Decided against the assessee. Disallowance of deduction u/s. 80IB - whether AO has exercised his powers wrongly - Held that:- the proceedings u/s. 147 were initiated, as assessee withdrew the 80IB claim in later years and filed revised return for this year and paid taxes. To regularise the same, AO has initiated the proceedings and assessee has accepted the same - AO accordingly disallowed the deduction claimed u/s. 80IB and accepted the revised return filed in response to the notice u/s. 148. Thus, the escaped income for which proceedings were initiated were brought to tax. AO has power to make enquiry on other issues also and the issue of commission was already being enquired in AY. 2008-09 - thus we do not find any reason to hold that AO has exercised his powers wrongly. - Decided in favour of revenue
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