TMI Blog2021 (7) TMI 354X X X X Extracts X X X X X X X X Extracts X X X X ..... HOMES (INDIA) PVT. LTD. [ 2021 (3) TMI 1221 - MADRAS HIGH COURT] - T.C.A.No.886 of 2015 - - - Dated:- 6-7-2021 - Hon'ble Mr. Justice M.Duraiswamy And Hon'ble Mrs.Justice R.Hemalatha For the Appellant : Mr. M.Swaminathan Senior Standing Counsel Assisted by Mrs. V. Pushpa, JSC For the Respondent : Ms. Sriniranjani for Mr.G.Baskar JUDGMENT M. DURAISWAMY, J. Challenging the order passed in I.T.A.No.464/Mds/2015 in respect of the Assessment Year 2010-2011 on the file of the Income Tax Appellate Tribunal, Chennai, ''C'' Bench (for brevity, the Tribunal), the Revenue has filed the above appeal. 2.1 The assessee company is engaged in the business of construction and sale of residential flat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ls), the Revenue has filed an appeal before the Income Tax Appellate Tribunal, and the Tribunal also dismissed the appeal and confirmed the order passed by the Commissioner of Income Tax (Appeals). Challenging the order passed by the Income Tax Appellate Tribunal, the Revenue has filed the above appeal. 3.The appeal was admitted on the following substantial questions of law: (i) Whether on the facts and circumstances of the case, the Tribunal was right in deleting the disallowance of expenditure on commission payment to the whole-time Managing Director, receiving fixed salary and other related benefits and also holding 95% of total shares of the assessee company entitled for receipt of dividend declared by the assessee company unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this Court. The learned Senior Standing Counsel further submitted that so far as the 1st question of law is concerned, the same is covered by the decision of the Judgment of the Division Bench of the Delhi High Court reported in (2012) 20 Taxmann. com 647 ( AMD Metplast Pvt Ltd v. Deputy Commissioner of Income Tax] wherein the Delhi High Court held as follows:- ... 10. We fail to understand how the aforesaid observations assist and help the Revenue in the factual matrix of the present case. Ashok Gupta is the ManagingDirector and in terms of the Board resolution is entitled to receive commission for services rendered to the company. It is a term of employment on the basis of whichhe had rendered service. Accordingly, he was entitl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vour of the assessee. Hence, the Tax Case Appeal is liable to be dismissed. Accordingly, the same is dismissed. No costs. The questions of law that were decided in T.C.A.No.873 of 2013 covers the questions of law that arise for considerations in the present appeal. 5. Ms. Sriniranjani, learned counsel appearing for the respondent submitted that in view of the ratio laid down by the Hon'ble Division Bench of this Court in T.C.A.No.873 of 2013, the appeal may be dismissed. 6. Having regard to the submissions made by the learned counsel on either side, following the ratio laid down by the Hon'ble Division Bench of this Court in in T.C.A.No.873 of 2013, dated 02.03.2021, the questions of law are decided against the Revenue ..... X X X X Extracts X X X X X X X X Extracts X X X X
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