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TMI Blog2015 (10) TMI 1519X X X X Extracts X X X X X X X X Extracts X X X X ..... 0A of the Income Tax Act, 1961 ('Act') is directed against the order dated 5th July, 2002 passed by the Income Tax Appellate Tribunal ('ITAT') in ITA No.602/Del/1997 for the Assessment Year ('AY') 1992-93. 2. On 24th February 2005 while admitting the appeal the Court framed the following question of law: "Whether in the facts and in the circumstances of the case, the Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yment purportedly made over a period of nearly two months between 4th May 1991 and 27th June 1991 in seven instalments. The Assessee filed seven letters and seven debit notes purportedly sent by UIL for proving that commission had been paid to UIL for providing leads of potential customers. According to the Assessee each of the seven orders had been procured by UIL for her. 5. The Assessing Offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the Assessee was engaged. The CIT (A) concluded that the Assessee had simply come up with the story of employing a commission agent in order to reduce the Assessee's own tax liability. The CIT(A) also observed that when an Inspector was sent to UIL, it was found that there was a general despatch register maintained but it did not bear out the alleged correspondence exchanged between the UIL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he story made up by the Assessee of engaging the services of UIL for procuring orders from the Government of Punjab and other parties, was not substantiated. The ITAT surmised that "There must have been something in the bottom that assessee was able to procure the order and able to sell the machine of Rs. 5.35 lakhs at a sum of Rs. 13.76 lakhs". This was the phototypesetting machine procured by th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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