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TMI Blog2017 (4) TMI 613X X X X Extracts X X X X X X X X Extracts X X X X ..... .Agarwal ORDER We have heard Sri Suyash Agrawal learned counsel for the appellant and Sri Manu Ghildyal learned counsel for the department. This is income tax appeal has been filed by the assessee against an order of the Income Tax Tribunal dated 15.6.2001 for the assessment year 1991-92. Sri Suyash Agarwal has submitted that principal question involved in the appeal is question no.2 which rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r. The tribunal confirmed the order of AO, disallowing the commission paid by the assessee, with the findings that in the year in question, the sales had come down as compared to earlier year. This fact was noticeable from the order of AO in which it was found that the sale had come down from Rs. 1,25,48,169/- to Rs. 88,60,591/-. The tribunal also found that since constitution of M/s.Laxmi & Co sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ether assessment of commission was excessive or unreasonable is subject of discretion of the income tax authorities to be exercised under section 40A (2) (a) of the Act on the basis of material on records. In the present case, the findings have been recorded on the basis of material produced before the income authorities." In view of the above, the instant appeal is also decided in the same terms ..... X X X X Extracts X X X X X X X X Extracts X X X X
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