TMI Blog2011 (11) TMI 366X X X X Extracts X X X X X X X X Extracts X X X X ..... Corporation (1996 - TMI - 5626 - SUPREME Court) and Jute Corporation (1990 - TMI - 5320 - SUPREME Court), claim was allowed further held that in Goetze India (2006 - TMI - 5171 - SUPREME Court), the issue raised was limited to power of AO and not of Tribunal. - ITA NO.1233/2011 - - - Dated:- 28-11-2011 - MR. JUSTICE SANJIV KHANNA, MR. JUSTICE R.V. EASWAR, JJ. For Appellant: Mr. Abhishek ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 43B. The assessee in response vide letter dated 27.10.2006 had stated that the commission was wrongly claimed on accrual basis and same was offered for taxation in view of Section 43B of the Act. In view of the said order this amount of commission, which was disallowed as an expense for the assessment year 2004-05 was required to be accounted for and allowed as an expense u/s 43B in the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... matrix, pointed out that the revised computation including additional claim was filed because of the requirement of Section 43B. It was further stated that on the commission paid to the employees up to the date of filing of return of TDS was also deducted. The CIT (Appeals) examined the said aspect in detail and considered the vouchers and copy of the bank account of the respondent-assessee. It w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the reasoning given by the CIT(Appeals) and has relied upon the decision of this Court in CIT Vs. Jai Parabolic Springs Ltd. (2008) 306 ITR 42 (Del.). In the said case Delhi High Court has referred to the powers of the appellate forum and the decisions of the Supreme Court in National Thermal Power Co. Ltd. Vs. Commissioner of Income Tax (1998) 229 ITR 383 (SC), Gedore Tools Pvt. Ltd. Vs. Commissi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he case of National Thermal Power Ltd. (supra). In the present case also the appellate forum had entertained the claim made by the respondent-assessee and allowed the same. There is no dispute that the claim/deduction towards the expense is otherwise correct and allowable. 6. We do not see any reason to entertain the present appeal. The same is accordingly dismissed. - - TaxTMI - TMITax - In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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