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2012 (5) TMI 56

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..... B. Mathur, for appellant.   Heard learned counsel for appellant.   2. The remuneration, payable to partners, was disallowed by Assessing Officer, however, on an appeal, the Appellate Authority set aside the order of Assessing Officer. The order of Appellate Authority i.e. Commissioner of Income Tax (Appeals)-II, Jaipur, has been affirmed by the Income Tax Appellate Tribunal, Jaipur Ben .....

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..... salary which will be paid to them according to the standards and norms fixed by the relevant provisons of the Income Tax Act, 1961. The remuneration/ salary so admissible will be paid / credited to their account provided that such remuneration / salary can be increased / decreased as per mutual agreement as the partners mutually decide to be adjusted at the end of the year as per the relevant of .....

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..... used the word 'authorised' and not the word used 'quantify'. The ITAT Pune Bench in the case of ACIT Vs. Suman Construction 43 SOT 495 held that remuneration is to be deducted in case partnership deed authorizes the payment of salary. We have also considered the decisions which have been mentioned by the ld. CIT (A) in his order. We, therefore, feel that the ld. CIT (A) was justified in allowing .....

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..... act recorded by Appellate Authority as well as Appellate Tribunal, which cannot be interfered with by this Court. 4. After considering submissions of learned counsel for appellant and the finding of the learned Tribunal, we are of the view that no substantial question of law is involved in the present appeal. There is a concurrent finding of fact by both the Courts below based on relevant clause .....

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