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TMI Blog2014 (2) TMI 122X X X X Extracts X X X X X X X X Extracts X X X X ..... ducting the commission in the bills - There was no ground to disturb the finding of fact given by the Tribunal - Ongoing through the relevant bills as well as the accounts of the assessee, the authorities below came to the conclusion on the genuineness of the payment made to the agent while negotiating the sale and that when the Department had accepted this practice for the subsequent year – Decid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on "buyers commission" paid to one M/s. Jules through its agent, Mr. Robert Fabie. It is stated that the commission was paid to the said person for procuring export orders. The amount of commission paid was deducted from the sale consideration and only the net amount was credited to the account of the assessee. The Assessing Officer rejected the claim of the assessee for deduction on the ground th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e that the payment of commission was in terms of purchase order, the first appel- late authority allowed the assesses's appeal. The assessee also relied on copy of the invoice wherein the commission due was deducted from the invoice value of sales by the buyer itself and only the balance being the net amount was remitted to the assessee in terms of the letter of credit and other conditions. Thus, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ound to disturb the finding of fact given by the Tribunal. Ongoing through the relevant bills as well as the accounts of the assessee, the authorities below came to the conclusion on the genuineness of the payment made to the agent while negotiating the sale and that when the Department had accepted this practice for the subsequent year, viz., 2004-05, we do not find any ground to disturb the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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