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 →

Pawan Kumar Versus Commissioner of Income Tax, Kurukshetra

2016 (5) TMI 1270 - PUNJAB & HARYANA HIGH COURT

Disallowance from the commission received from the BSNL out of an amount as commission paid - Held that:- The examples were taken of certain bills bearing No. 4877 dated 19.1.2006 in the name of Shri Raj Kumar Samna, No. 5018 dated 'nil' in the name of Tanisk Singla, Sirhind, bill No. 4992 dated 21.10.2006 in the name of Aggarwal Enterprises, Patiala etc. where complete addresses of the retail customer/sub dealers had not been mentioned so that the same could be verified and it was also recorded .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ocate with Mr. Divya Suri, Advocate, Mr. Sachin Bhardwaj, Advocate and Mr. Madhur Sharma, Advocate For the Respondent : Mr. Yogesh Putney, Advocate ORDER Ajay Kumar Mittal, J. 1. This appeal has been filed by the assessee under Section 260A of the Income Tax Act, 1961 (in short the Act ) against the order dated 30.11.2011 (Annexure A-13) passed by the Income Tax Appellate Tribunal, Chandigarh Bench A , Chandigarh (hereinafter referred to as the Tribunal ) in ITA No. 763/CHD/2011, for the assessm .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

se, the Tribunal conclusions are unreasonable, to the 'material on record', being even in apposite the assessment order and CIT (A) order? 2. The facts necessary for adjudication of the present appeal as narrated therein may be noticed. The assessee is a proprietor of Saraswati Gas Service, Pehowa and had been allotted distributorship for LPG by Hindustan Petroleum since the year 1986-87. Additionally, the assessee had been allotted distributorship for sale of Bharat Sanchar Nigam Limite .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ster for each and every item was being maintained and had been produced before the Assessing Officer. All the purchase and sale bills were produced for examination for all the regions allotted which is discernible from the paper book of the Tribunal dated 29.11.2011 (Annexure A-3). The assessee was regularly and consistently following the mercantile system of accounting and having resources of income being from house property, income from trucks and the financial statements as per audit report d .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

eeling aggrieved by the order, Annexure A-7, the assessee filed an appeal dated 1.1.2010 (Annexure A-8) before the Commissioner of Income Tax (Appeals) [for brevity the CIT(A) ]. The assessee also submitted written pleadings dated 25.1.2011 (Annexure A-9). The CIT(A) vide order dated 18.3.2011 (Annexure A-10) partly allowed the appeal. However, the disallowance of ₹ 2,00,000/- on account of claim for commission paid was maintained. Still dissatisfied, the assessee filed an appeal before th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

earned counsel for the parties. 6. The core issue that arises for consideration in this appeal is regarding the disallowance of ₹ 50,000/- from the commission received from the BSNL out of an amount of ₹ 1,57,64,756/- as commission paid. 7. The CIT(A) after perusing the material produced before him and examining certain bills noted that they do not bear the complete address of the retail customers/sub dealers. The addresses on the bills were incomplete and the parties could not be lo .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ed. On perusal of some bills filed by the assessee during the assessment proceedings, it was noted that the same do not bear the complete address of the retail customers/sub dealers, for example bill no. 4877 dt. 19.01.2006 is in the name of Shri Raj Kumar Samna, B. No. 5018 dated Nil is in the name of Tanisk Singla, Sirhind, B. No. 4992 dt. 21.10.2006 is in the name of Aggarwal Enterprises, Patiala etc. The AO stated that address given in these bills are totally incomplete and parties cannot be .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ew of the facts discussed above, it is noted that the appellant has not been able to rebutt the findings of the AO made in the assessment order for making this adhoc disallowance. No interference is, therefore, called for in the order of the AO in this regard and the adhoc disallowance made by him is, hereby, confirmed. 8. On further appeal, the Tribunal taking into account the totality of facts and circumstances of the case while affirming the findings of the CIT(A) had reduced the addition fro .....

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