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Issues Involved:
1. Deletion of addition of Rs. 1,15,165 without establishing nexus between borrowings and interest-bearing advances. 2. Allowance of Rs. 1,06,400 paid as secret commission without substantiating the claim. 3. Deletion of penalty of Rs. 55,862 based on the deletion of additions in quantum appeal. Detailed Analysis: Issue 1: Deletion of Addition of Rs. 1,15,165 The Tribunal was required to determine whether the deletion of Rs. 1,15,165 was justified without establishing a nexus between the borrowings and interest-bearing advances. The Assessing Officer initially disallowed the interest claimed on the grounds that there was no evidence that the borrowed funds were used for business purposes. The CIT(Appeals) upheld this disallowance partially, but the Tribunal found that the borrowings were indeed used for business purposes. The Tribunal noted that there was no finding by the Assessing Officer or CIT(Appeals) that the borrowed money was used for non-business purposes. The Tribunal's decision was based on the detailed statements provided by the assessee, which explained the utilization of the loans for business purposes. The Tribunal also highlighted that a larger amount was allowed as a deduction in the subsequent assessment year. Therefore, the Tribunal concluded that the disallowance was unjustified and directed the deletion of the addition. Issue 2: Allowance of Rs. 1,06,400 Paid as Secret Commission The Tribunal had to decide whether the allowance of Rs. 1,06,400 paid as secret commission was justified when the assessee could not substantiate the claim. The Assessing Officer disallowed this amount because the assessee failed to produce the payees. The CIT(Appeals) upheld this disallowance. However, the Tribunal allowed the claim, noting that similar commissions were allowed in subsequent years. The Tribunal observed that the time given to produce the payees was very short, making it impractical to produce them from a distant location. The Tribunal also noted that the commission was a business necessity recognized by the Assessing Officer in subsequent years. Therefore, the Tribunal concluded that the disallowance was unjustified and directed the deletion of the addition. Issue 3: Deletion of Penalty of Rs. 55,862 The Tribunal was required to determine whether the deletion of the penalty of Rs. 55,862 was justified based on the deletion of additions in the quantum appeal. The penalty was initially levied in relation to the addition of Rs. 1,06,400 on account of secret commission. Since the Tribunal deleted the addition of Rs. 1,06,400 in the quantum appeal, the penalty was also canceled. The Tribunal held that the question of penalty was not a referable question of law as it was consequential to the decision in the quantum proceedings. Conclusion: The Tribunal concluded that none of the questions raised by the revenue were referable questions of law as they were based on findings of fact. The reference applications moved by the revenue were rejected. The Tribunal's decision was based on a detailed appreciation of the factual evidence available on record, leading to the conclusion that the borrowings were used for business purposes and the secret commission was a recognized business necessity. The penalty was also found to be non-referable as it was consequential to the quantum appeal decision. The matter was referred to a Third Member due to a difference of opinion between the members, who ultimately agreed with the Accountant Member that the questions proposed by the revenue were not of law.
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