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 ?

Section 131 of the Act and statements were recorded from the Karta of the assessee who had in clear terms stated above the circumstances under which the commission was paid to various companies for not only the purpose of securing the materials but also for rendering the services of recovering payments and facilitating the business activities of the assessee. However