SHREE GIRINAG TRADERS P. LTD,MUMBAI vs. ITO WD 7(2)(3),

The only ground in this appeal reads as under:- 1. The Ld. Assessing Officer has erred in law by disallowing commission expenses incurred by the assessee amounting to Rs.17,91,592/-.

The short facts of the case are as under:- The assessee is a Private Ltd. Company. The assessee has filed the Return of Income. The Assessment was completed u/s 143(3) of the IT Act. The Assessing Officer has disallowed the commission payment of Rs.3,88,870/- and the assessee has also disallowed the commission expenses of Rs.17,91,592/-.

During the course of hearing the Ld. AR submitted that the issue in controversy is covered by the decision the assessee’s own case of AY 2005-06 wherein the Tribunal has restored this file to the AO. Therefore, this appeal may be also restored to the AO and appeal may be decided accordingly. Both issues are covered by the assessee’s ground No. 1. Therefore, this appeal may be restored. 5. The Ld. DR has no objection if the matter is decided as per the Tribunal decision. 6. We have heard the rival contention of both the parties. Looking to the facts and circumstances of the case we find that both the issues are covered by the decision of the Tribunal in assessee’s own case for AY 2006-07 wherein the Tribunal has restore this appeal to the file of the AO by observing as under-: “2. At the outset, the Ld. Counsel for the assessee brought our attention to the above grounds and mentioned that this appeal, the assessee raised couple of issued relation to (i) commission expenses of Rs.7,91,835/- and (ii) salary expenses of Rs.3,78,000/-. In this regard, the Ld. Counsel for the assessee submitted that the commission expenses were not allowed by the Revenue for failure of the assessee to produce 3 Shree Girinag Traders certain recipients of the commission. He further submitted that an opportunity may be granted to the assessee to produce the concerned recipients and he made a statement at Bar that the recipients shall be submitted to the satisfaction of the Assessing Officer. Considering the facts of the case and the propositions of the Ld. Counsel, we find it appropriate to remand this issue to the file of the Assessing Officer for fresh examination and decision. Assessee shall submit the said commission recipients before the Assessing Officer for his examination in the remand proceedings. Accordingly, ground no.1 is allowed for statistical purposes”. 7. We respectfully following the decision of the assessee’s own case we restore these issues to the AO to decide as per the Tribunal decision. In the result, one is treated as allowed for statistical purposes. Judgment pronounced in the open court on 23rd March 2017. sd/- sd/- (RAMIT KOCHAR) (D.T. GARASIA) ACCOUNTANT MEMBER JUDICIAL MEMBER