M/S DHOOT ADVISORY SERVICES PVT LTD,KOLKATA vs. D.C.I.T CIR - 6,KOLKATA., KOLKATA
In the result the appeal of the assessee is accordingly allowed
ITA 592/KOL/2013[2009-10]Status: DisposedITAT Kolkata02 Dec 2015AY 2009-10
Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] Assessment Year : 2009-10
For Appellant: Shri A.K.Tulsiyan, FCAFor Respondent: Smt. Sarbari Mukherjee, JCIT,Sr>DR
…iled to prove that the commission expenditure in question is wholly and exclusively for the purpose of the assessee’s business. The Hon’ble Punjab and Haryana High Court in 5 M/s. Dhoot Advisory Services Pvt.Ltd. A.Yr.2009-10 the case of CIT vs Mandeep Singh 328 ITR 169 has taken a view that commission paid and allowed in an earlier year cannot be disallowed in the subsequent year when the facts and circumstances are identical. In the case of Mobile Communication (India) (P)Ltd vs DCIT 125 ITD 309 the Hon’ble ITAT Delhi Bench has also taken the same view. We are of the view that with the evidence on record the a…