PAWAN KUMAR JAIN
What did the High Court hold?
The High Court noted that the ITAT had dismissed the appeal based on the finding that no services were rendered for the commission. However, a new piece of information was presented: M/s Laxcon Steels (P) Ltd. had declared and paid tax on this commission in its own return.
What were the facts?
The assessee paid a commission of ₹31,25,312/- to M/s Laxcon Steels (P) Ltd. for standing guarantee for purchases. The Assessing Officer disallowed this commission, viewing the transaction as not genuine. The CIT(A) and ITAT upheld this decision.
What were the issues?
Whether the ITAT erred in disallowing the commission without considering the fact that the recipient company had declared and paid tax on the commission amount.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF DELHI AT NEW DELHI . 08.04.2011 . Present: Dr. Rakesh Gupta, Ms. Ashwani Taneja and Ms. Rani Kiyala, Advocates for the appellant. Ms. Suruchi Aggarwal and Ms. Bhawana Bara, Advocates for the respondent. . + ITA No. 647/2011 . 1. The appellant, herein, is a proprietor of M/s Pawan Jain and Sons and is engaged in the business of manufacture of stainless steel utensils and trading and export of stainless steel utensils, rice and other items. . 2. This case pertains to the assessment year 2006-07, for which year, the appellant has filed return of income declaring total income of `99,00,454/-. The Assessing Officer in assessment proceedings noticed that the assessee had paid commission of `31,25,312/- to one M/s Laxcon Steels (P) Ltd., purportedly, . . in consideration for the said company standing guarantee for purchases from certain firms/companies. . 3. The Assessing Officer was of the view that this transaction was not genuine and, therefore, it had allowed the aforesaid commission and shown the income at `1,30,25,766/-. The assessee preferred an appeal there against before the CIT(A) who also confirmed the findings of the Assessing Officer. . 4. Decision remains the same even at the level of ITAT which has dismissed the appeal of the assessee. From the orders passed by the three authorities below, we find that they have examined the transaction in question, and keeping in view various consideration, they come to the conclusion that no services were referred by the said Company for which it was paid the commission by the assessee. Another factor which has also weighed with the authorities is that there was no necessity to pay such a commission to the said party for standing guarantee when the party owned him more than `1.4 crores in loan. . 5. These findings of facts are on the basis of proper appreciation of the material on record and, therefore, in normal course there is no reason to interfere with the same, that too in this appeal preferred under Section 260 A of the Income Tax Act which is acceptable only on substantial question of law. . 6. However, Dr. Gupta, learned counsel appearing for the assessee has brought to our notice one significant fact, which according to him, is not taken note by the authorities below. . 7. He points out that M/s Laxcon Steels (P) Ltd., to whom commission was paid, had filed Income Tax Return for the assessment year 2006-07 declaring income of `1,48,50,705/- and had paid tax thereupon. This indicates the aforesaid commission paid by the assessee to the aforesaid company. On this basis, it is argued that it was not the intention of the assessee to divert the income or to evade taxes. It is also argued that the Revenue has not suffered any loss, inasmuch as, the taxes are paid by M/s Laxcon Steels (P) Ltd which received the aforesaid commission. It is also stated by learned counsel for the appellant that the acknowledgement of Income Tax Return in the case of M/s Laxcon Steels (P) Ltd. was filed before the Assessing Officer and the same is a part of record book and is glossed over by the authorities below. . 8. Since this is vital information and has not been considered by the authorities below, we restore the case back to the Assessing Officer for a limited purpose, namely, to find out as to whether the aforesaid information is on record, as claimed by the appellant and if it is found on record what would be the effect thereof. . 9. The present appeal is disposed of in the aforesaid terms. . . A.K. SIKRI, J. . M.L. MEHTA, J. APRIL 08, 2011 AK . . . . .
Recent GST High Court judgments
Search GST case law →- M/S Sita Enterprises vs. Office Of The CommissionerUttarakhand · 26 Oct 2026
- Capri Global Capital LTD Through Represented By Its Law Officer Mr. Varun Kaljoria vs. The State Of Madhya Pradesh Through Principal SecretaryMadhya Pradesh · 26 Oct 2026
- Sri Tatiparthy Venkata Swamy vs. The State Of Andhra PradeshAndhra Pradesh · 25 Oct 2026
- Piyush Shantilal Veera vs. State Of U.P.Allahabad · 23 Oct 2026
- Tvl. Pooja Shri Traders vs. The Deputy State Tax Officer - 1Madras · 23 Oct 2026