Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

Commissioner of Income Tax Versus Veena Kohli

2015 (10) TMI 1519 - DELHI HIGH COURT

Deduction on account of commission paid to M/s UNIPLUS INDIA LTD - ITAT allowed the claim - Held that:- The Court is unable to find any justification for the ITAT to have overlooked the factual findings of the AO and the CIT (A) which showed that the story made up by the Assessee of engaging the services of UIL for procuring orders from the Government of Punjab and other parties, was not substantiated. The ITAT surmised that "There must have been something in the bottom that assessee was able to .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e shown to have been rendered by the UIL to the Assessee.

The only conclusion that the Court can draw from a reading of the impugned order of the ITAT is that it completely overlooked the evidence on record and came to a conclusion that can only be termed as perverse. The Court is, therefore, unable to sustain the impugned order of the ITAT. - Decided in favour of the Revenue - ITA No.8/2003 - Dated:- 24-9-2015 - S Muralidhar and Vibhu Bakhru, JJ. For The Appellant : Mr. Rohit Madan, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

circumstances of the case, the Tribunal was correct, both on facts and in law, in allowing the deductions claimed by the assessee amounting to ₹ 8,00,000/- on account of commission paid to M/s UNIPLUS INDIA LTD.?" 3. The Assessee was proprietor of three concerns and also a partner with her husband in another firm. The Assessee's return of income for AY in question declaring income of ₹ 4,17,101 was picked up for scrutiny and she was issued a notice under Section 143(2) of t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

letters and seven debit notes purportedly sent by UIL for proving that commission had been paid to UIL for providing leads of potential customers. According to the Assessee each of the seven orders had been procured by UIL for her. 5. The Assessing Officer ('AO') found that no 'finder services' had in fact been rendered by the UIL and that the evidence produced appeared to be fabricated and forged. He held that a sum of ₹ 8,00,000 was not a business expenditure and disallow .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d not have any experience in the line of business in which the Assessee was engaged. The CIT (A) concluded that the Assessee had simply come up with the story of employing a commission agent in order to reduce the Assessee's own tax liability. The CIT(A) also observed that when an Inspector was sent to UIL, it was found that there was a general despatch register maintained but it did not bear out the alleged correspondence exchanged between the UIL and the Assessee. Further, there was a deni .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version