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Issues involved:
The judgment involves the issue of burden of proof regarding the genuineness of an agency agreement and payment made to an individual for services rendered. Summary: The High Court of Madhya Pradesh was directed to provide an opinion on whether the burden of proving the genuineness of an agency agreement, under which payment was made to an individual, was on the assessee. The case involved a firm claiming a deduction for commission paid to an individual named Vinay Bhasin. The Income Tax Officer (ITO) deemed the agreement with Vinay Bhasin as sham, leading to a dispute. The Appellate Authority Commissioner (AAC) initially accepted the deduction claim, but the Appellate Tribunal overturned this decision, stating that the genuineness of the agreement was not proven by the assessee. The Tribunal emphasized that the burden of proof regarding the payment being wholly and exclusively for business purposes lay on the assessee. The Tribunal found that there was insufficient evidence to support the claim that Vinay Bhasin provided services to the firm as an agent. Both Vinay Bhasin and another individual, Anil Bhasin, failed to demonstrate their contributions to the firm. The AAC's decision was criticized for not adequately considering the burden of proof on the assessee to establish the genuineness of the agreement and the business purpose of the payment. The High Court upheld the Tribunal's decision, stating that the burden to prove the genuineness of the agency agreement and the business purpose of the payment rested on the assessee. Therefore, the Tribunal did not err in placing this burden on the assessee. Consequently, the court ruled in favor of the Tribunal, affirming that the burden of proof regarding the genuineness of the agency agreement and payment was on the assessee. The parties were directed to bear their own costs in this reference.
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