2014 (5) TMI 851

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..... e Revenue and perusing with his assistance the order of the Income Tax Appellate Tribunal impugned in this Appeal, we are of the opinion that this Appeal does not raise any substantial questions of law. 2. The three questions and stated to be substantial questions of law have been carefully perused by us. The Assessment Year in question is 2004-05. In relation to the first question, namely, Disal .....

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..... unity to the assessee to substantiate and elaborate his claim, the Tribunal remanded the matter to the Assessing officer to consider this claim as per the facts and materials brought on record and in accordance with law. The explanation given by the assessee for not being able to place the documents earlier on record has been accepted. The technical view taken by the lower authorities is thus corr .....

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..... committed a mistake in paying the commission @ 3.51% to the Directors and the assessee conceded before the Tribunal that this was a mistake and the commission has been restricted not 1% as claimed by the Revenue but 1.77%. The total payment, therefore is not more than Rs.10,52,000/-. In the given facts and circumstances, the Tribunal did not commit any error in upholding this limited payment and .....

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..... ssessee in the prescribed format. The matter was thus of form and not of substance. All that the Tribunal has permitted is that the audit report be brought on record. The audit report was earlier not filed in the prescribed form. The reason given for the omission is not lacking in bonafides or utterly false. In such circumstances, the concurrent finding has been reversed by the Tribunal by holding .....

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..... orders of the Tribunal which subserve the interest of justice rather than defeat it. Merely because the orders are adverse to the Revenue do not mean that they raise substantial questions of law. 6. The present Appeal is one more illustration of the Revenue filing Appeals and to undermine the authorities of the Income Tax Appellate Tribunal. The Appeal is therefore dismissed. No costs.  

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