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2002 (5) TMI 25

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..... ailed findings of the Assessing Officer, whether the Tribunal was justified in law in treating the expenditure on extensive renovation and extension resulting in the new assets of enduring nature as revenue expenditure? - (ii) On the facts and in the circumstances of the case, whether the Tribunal was justified in allowing the commission payment as high as 20 per cent. to the managing director and .....

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..... ive renovation and extension resulting in the new assets of enduring nature as revenue expenditure? (ii) On the facts and in the circumstances of the case, whether the Tribunal was justified in allowing the commission payment as high as 20 per cent. to the managing director and senior executives without assessee's being able to establish the business exigency or expediency justifying the said pay .....

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..... al of the order of the Tribunal at page 110 of the paperbook clearly shows that "the expenses incurred on these two items have not been claimed as deduction." Thus, no deduction had been allowed by the Tribunal. Consequently, it cannot be said that the Tribunal has wrongly allowed the claim of the assessee. In fact, the claim was given up. Mr. Sawhney contends that an amount of more than Rs. 9 l .....

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..... This is admittedly not so. That being the position, we can find no infirmity in the view taken by the Tribunal. Mr. Sawhney contends that certain sheds had been constructed. Learned counsel is, however, unable to refer to any material on the file to show that it was a new construction. No other point has been raised. On a consideration of the matter, we find that the Tribunal has taken a possi .....

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