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2013 (5) TMI 410

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..... ed by a party other than the agent to whom commission is paid is wholly immaterial so far as deductibility in the hands of the assessee is concerned - Held that:- The department appeal could not satisfy= as to why were the findings as recorded by the CIT(A) and the Tribunal incorrect either on fact or in law. There is, as such, no reason why the appeal should be entertained. Against revenue. - I .....

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..... of the Apex Court in the case of Office of the Chief Post Master General Ors. vs. Living Media India Ltd. Anr., reported in AIR 2012 SC 1506. Accordingly, the application for condonation is disposed of. The question suggested by the Revenue is as follows: Whether on the facts and in the circumstances of the case the Tribunal was justified in law to dismiss the appeal of the revenue b .....

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..... to payment of commission are non-genuine or are excessive and unreasonable. The Volker Commission report had discussed about the utilization of money by the recipient of the commission in parting some of the fund so received as commission with the Government of Iraq and such parting of commission with the Government of Iraq was objected to by the Volker Commission report which was a pact between .....

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..... that aspect of the matter does not affect the deductibility in the hands of the assessee either. The assessee is concerned with commercial expediency of the said payment and not with what are the actual costs incurred in rendering the services for which the payment is made. As we have seen earlier in this order, from the extracts of the Volker Committee report itself, it was absolutely necessary .....

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