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Issues involved: Appeals filed by Revenue against order of CIT(Appeals)-IX for assessment years 2001-02 to 2003-04 in cases of Shri D. Srinivas Vyas and Shri Durga Das Vyas.
Issue 1 - Nature of Expenditure: Assessees received commission from M/s. Siemens Ltd. Assessing Officer disallowed commission paid to sub-contractors as not for business purposes. Settlement Commission accepted M/s. Siemens Ltd.'s offer to tax the commission. Assessees failed to prove genuineness of expenses. Issue 2 - Rectification Application: Assessee claimed commission paid by M/s. Siemens Ltd. was offered as income before Settlement Commission. CIT(A) accepted contention for protective assessments of Shri Durga Das Vyas but rejected for Shri D. Srinivas Vyas. Issue 3 - Categorization of Assessees: CIT(A) shifted Shri D. Srinivas Vyas from third category to first category, directing deletion of commission. Revenue argued lack of evidence for repayment to M/s. Siemens Ltd. Decision: Tribunal found assessees failed to prove repayment of commission to M/s. Siemens Ltd., making it a debatable issue. CIT(A)'s findings were reversed, and Assessing Officer's decision restored. Protective assessments in case of Shri Durga Das Vyas were upheld. Appeals of Revenue were allowed.
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