9911796707
TMI Blog2014 (8) TMI 391X X X X Extracts X X X X X X X X Extracts X X X X ..... : Mr. Sn. Divatia JUDGMENT (Per : Honourable Mr. Justice M. R. Shah) [1.0] As common question of law and facts arise in both these tax appeals and as such they arise out of the impugned common judgment and order passed by the learned Income Tax Appellate Tribunal (hereinafter referred to as Tribunal ) and as such with respect to the same the assessee but different assessment years, both these appeals are decided and disposed of together by this common order. [2.0] Both these tax appeals have been preferred by the Revenue challenging the impugned common judgment and order dated 23.08.2013 passed by the learned Tribunal in ITA No.2312/Ahd/2011 for the Assessment Year 2008-09 and ITA No.2029/Ahd/2011 for the Assessment Year 200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of ₹ 10,45,520/. The case was selected for scrutiny through CASS and notice under Section 143(2) of the Income Tax Act, 1961 (hereinafter referred to as Act ) was issued. That it was found that for the first time the assessee paid substantial amount of ₹ 54,78,397/- to his brother Shri Amit K. Patel. The AO was of the view that since the said payment was substantial in nature and the recipient of such payment was covered within the provisions of section 40A(2)(b) of the Act, the assessee was called upon to furnish his explanation and to substantiate his claim of commission payment to his brother by producing the details of services rendered justifying such commission. The assessee furnished the explanation and also produced o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) in deleting the addition of ₹ 40 lac, the Revenue preferred appeal before the learned Tribunal and by impugned judgment and order, the learned Tribunal partly allowed the said appeal and has restricted the disallowance made by the AO to ₹ 5 lac instead of ₹ 40 lac. [3.4] Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Tribunal, the Revenue has preferred the Tax Appeal No.501/2014. [3.5] Now, so far as Tax Appeal No.405/2014 arising out of ITA No.2029/Ahd/2011 for the Assessment Year 2009-10 is concerned, the assessee paid total commission of ₹ 49,67,708/and the AO considered ₹ 12 lac as reasonable and accordingly disallowed ₹ 37,67,708/- considering it ..... X X X X Extracts X X X X X X X X Extracts X X X X
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