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2011 (4) TMI 189

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..... on Steels (P) Ltd. was filed before the Assessing Officer and the same is a part of record book and is glossed over by the authorities below - Decided in the favour of assessee by way of remand - - - - - Dated:- 8-4-2011 - SIKRI A. K., MEHTA M. L., JJ. JUDGMENT 1. The appellant herein is a proprietor of M/s. Pawan Jain and Sons and is engaged in the business of manufacture of stainless .....

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..... nfirmed the findings of the Assessing Officer. 4. The decision remains the same even at the level of the Income-tax Appellate Tribunal which has dismissed the appeal of the assessee. From the orders passed by the three authorities below, we find that they have examined the transaction in question, and keeping in view various consideration, they come to the conclusion that no services were rend .....

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..... . He points out that M/s. Laxcon Steels (P) Ltd., to whom commission was paid, had filed income-tax return for the assessment year 2006-07 declaring income of Rs. 1,48,50,705 and had paid tax thereupon. This indicates the aforesaid commission paid by the assessee to the aforesaid company. On this basis, it is argued that it was not the intention of the assessee to divert the income or to evade tax .....

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