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2016 (10) TMI 627 - GUJARAT HIGH COURT

2016 (10) TMI 627 - GUJARAT HIGH COURT - TMI - Disallowance of commission expenditure - Tribunal confirming disallowance - Held that:- The entire issue is based on factual aspects and upon appreciation of materials on record. The assessee does not dispute having earned commission income but claims that he had incurred expenditure of ₹ 4.85 lacs in earning such income. The assessee failed to produce evidence of such expenditure. Significantly, none of the payments were made through cheque. .....

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1.02.2016. Though multiple questions are framed, the issue being common. Learned counsel for the assessee addressed us on the following question suggested in the tax appeal: Whether in the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in law in confirming disallowance of ₹ 4,85,000/- in respect of commission expenditure incurred by appellant for earning commission income of ₹ 10,79,871/- which is taxed on gross basis without allowing any expenditure .....

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xpenditure in earning such income. The Assessing Officer, after giving notice to the assessee and calling for various details, rejected such claim inter alia on the grounds that the assessee had not made any such claim in the original return and the details of work done by the commission agents, as claimed by the assessee, was not produced. 3. In the appeal filed by the assessee, CIT (Appeals) permitted the assessee to produce additional materials. He asked the assessee to supply the details of .....

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