TMI Blog2015 (3) TMI 1194X X X X Extracts X X X X X X X X Extracts X X X X ..... cause the company as well as its Directors were taxable at the same rate and that the Directors had paid off the taxes and taking into consideration it ought not to have confirmed any part of the disallowance made by the authorities? - TAX APPEAL NO. 209 of 2015 - - - Dated:- 31-3-2015 - MR.JUSTICE M.R. SHAH AND MR.JUSTICE S.H.VORA MR MANISH J SHAH, ADVOCATE FOR THE APPELLANT ORAL O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f ₹ 47,90,178/- out of the total remuneration paid to four Directors of ₹ 80,30,178/-? (ii) Whether on the facts and in the circumstances of the case, the Tribunal was right in law and in overlooking the fact that the entire exercise was revenue neutral in nature because the company as well as its Directors were taxable at the same rate and that the Directors had paid off the taxes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uneration from ₹ 9 lakhs per annum to ₹ 99,80,414/- by submitting that because of the hard work by the Directors the sale increased. Accepting the above, the learned Tribunal while considering the increase in sale / turnover to 3.6 times allowed the remuneration at ₹ 32,40,000/- and disallowed the balance of Directors remuneration of ₹ 47,90,178/-. Shri Manish Shah, le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Directors the sale has increased and accepting the above, the learned Tribunal has restricted the disallowance to ₹ 47,90,178/- and granted the benefit of 3.6 time turnover than the earlier years remuneration but, on facts, the said decision would not be applicable to the facts of the case on hand. Under the circumstances, the present Tax Appeal qua the proposed question no.1 is dism ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .(ii) i.e.; (ii) Whether on the facts and in the circumstances of the case, the Tribunal was right in law and in overlooking the fact that the entire exercise was revenue neutral in nature because the company as well as its Directors were taxable at the same rate and that the Directors had paid off the taxes and taking into consideration it ought not to have confirmed any part of the disallowan ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
