PRINCIPAL COMMISSIONER OF INCOME TAX 2 KOLKATA vs. RAM RATAN MODI

Bench: HON'BLE T.S. SIVAGNANAM, ACTING CHIEF JUSTICE,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

Section 131 of the Act as early as on 18.02.1998, and faulted the assessing officer for having outrightly rejected on spacious plea. The tribunal also faulted second assessing officer in not cross verifying the claim that the bank statement from the Syndicate Bank obtaining from those bank accounts which could have been easily be done. Furthermore the tribunal noted that

RAMESH KUMAR NANGALIA KATRA (HUF) vs. COMMISSIONER I.TAX - XVI, KOLKATA

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Supratim Bhattacharya Date : September 9, 2022. Appearance: Mr. Ananda Sen, Adv.. … For Appellant Mr. Prithu Dudhoria, Adv. …For Respondent The Court:- This Appeal By The Revenue Filed Under Section 260A Of The Income Tax Act, 1961 (The Act) Is Directed Against The Order Dated 24Th September, 2003 Passed By The Income Tax Appellate Tribunal “C” Bench, Kolkata (Tribunal). The Assessee Has Raised The Following Substantial Questions Of Law For Consideration. 1. Whether, On The Facts & In The Circumstances Of The Case, The Tribunal Misdirected Itself In Law In Not Appreciating That All The Necessary Particulars For Verification Of The Allowability Of The Claim Of Deductibility Of The Commission Payment In Computation Of Income Were Found Out & Verified In The Order Of The First Appellate Authority, That Is The Commissioner Of Income Tax [Appeals] & Whether The Tribunal Was Justified In Law In Upholding The Disallowance Of Claim For Deduction Of The Commission Payment Made By The Assessing Officer & Whether The Finding Arrived At Was Perverse ?