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The ACIT, Circle-4, Ahmedabad Versus Gujchem Distillers India Ltd.

2015 (10) TMI 1427 - ITAT AHMEDABAD

Penalty u/s 271(1)(c) - disallowance of commission - CIT(A) deleted the penalty - Held that:- There is no finding that any details supplied by the assessee in its return of income are incorrect or erroneous or false. That merely because the claim of commission is disallowed by the Assessing Officer and upheld by the appellate authorities will not amount to concealment of income or furnishing of inaccurate particulars of income of the assessee. In view of the above, in our opinion, the CIT(A) rig .....

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ner of Income Tax (Appeals)-VIII, Ahmedabad, both dated 04.04.2011 for Assessment Years 1985-86 and 1986-87. 2. The only ground raised in these appeals by the Revenue is against the cancellation of penalty of ₹ 3,81,513/- and ₹ 4,23,806/- for Assessment Years 1985-86 and 1986-87 respectively, levied by the Assessing Officer u/s 271(1)(c) of the Income-tax Act. 3. The facts of the case are that the assessee derives income from manufacturing and sales of various chemicals. For Assessme .....

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tively. The penalty levied u/s 271(1)(c) for both these years are deleted by the CIT(A); hence these appeals by the Revenue. 4. We have heard both the parties and perused the material placed before us. After considering the facts of the case and the arguments of both the sides, we do not find any justification to take a view different than the view taken by the CIT(A). The assessee is paying commission to M/s. Somnath Chemicals since the preceding many years. In the earlier years, the commission .....

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sessing Officer that they were selling the goods on behalf of the assessee on commission. On that basis, the commission paid to him was allowed by the Assessing Officer for Assessment Year 1984-85. The Assessee had also furnished the PAN of M/s. Somnath Chemicals. However, the Revenue Authorities were of the opinion that in the years under consideration the assessee has not been able to prove the services rendered by M/s. Somnath Chemicals and therefore, the commission paid to it was disallowed. .....

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