TMI Blog2021 (2) TMI 550X X X X Extracts X X X X X X X X Extracts X X X X ..... ayment of speed money, is perverse as the same is duly supported by the documentary evidence. Insofar as the submission made by revenue that Commissioner the assessee himself had restricted the payment of speed money to 10% is concerned, it is pertinent to note that the restriction was made by the assessee in respect of Assessment Year 2004 05 and from the grounds of memorandum of appeal before the Tribunal, we find that the assessee had challenged the aforesaid finding which is evident from paragraphs 1 and 2, therefore, the aforesaid submission is of no assistance to the revenue. Substantial question of law involved in this appeal is answered against the revenue and in favour of the assessee. - I.T.A. NO.366 OF 2015 - - - Dated:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the workers for speedy completion of their work. Being aggrieved, the assessee filed an appeal. The Commissioner of Income Tax (Appeals), by a common order dated 27.03.2014 in respect of the Assessment Years in question, restricted the disallowance of 10%. The assessee thereupon approached the Tribunal by filing an appeal. The Tribunal, by the impugned order dated 29.05.2015, has maintained the disallowance of 10% of the expenses. In the aforesaid factual background, this appeal has been filed. 3. Learned counsel for the assessee submitted that the authorities have accepted the books of accounts and the entire expenditure is supported by documentary evidence. It is also pointed out from the order of assessment that the Assessing Officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Year 2004-05 and had argued that the speed money is to be restricted at 10% as per the order passed by the Tribunal. It is also submitted that the issue did not attain finality as the authorities have not adjudicated the aforesaid issue on merits and the issue was not decided on merits on account of monetary limits. 5. We have considered the submissions made on both sides and have perused the record. From perusal of the order passed by the authorities, it is evident that the authorities have accepted the books of accounts produced by the assessee. The Assessing Officer, in its order, has admitted that the payment of speed money is a trade practice which is followed by the assessee and similar business concerns functioning for speedy co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ofar as the submission made by the learned counsel for the revenue that in paragraph 4 of the order of the Commissioner the assessee himself had restricted the payment of speed money to 10% is concerned, it is pertinent to note that the restriction was made by the assessee in respect of Assessment Year 2004 05 and from the grounds of memorandum of appeal before the Tribunal, we find that the assessee had challenged the aforesaid finding which is evident from paragraphs 1 and 2, therefore, the aforesaid submission is of no assistance to the revenue. 6. In view of aforesaid preceding analysis, the substantial question of law involved in this appeal is answered against the revenue and in favour of the assessee. 7. In the result, the impu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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