9911796707
TMI Blog2015 (5) TMI 1183X X X X Extracts X X X X X X X X Extracts X X X X ..... xpenditure - HELD THAT:- As decided in assessee s own case for A.Y. 2009-10 relying on KONKAN MARINE AGENCIES [ 2008 (7) TMI 362 - KARNATAKA HIGH COURT] considering the assessee s business and the prevailing practice in the trade, whereby payments had to be made by firms like the assessee in order to ensure that the work of handling goods was done within reasonable time and emergency operations of cargo handling were done beyond working hours, such payments were made either through labour or workers union. It could not be considered to be prohibited by law. The assessee could not be expected to take receipts from individual workers or make payment by way of cheques. The payment was made by the assessee for business purposes and the expendit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 20% of the expenditure on account of speed money, which resulted in an addition of ₹ 93,52,953 to the total income of the assessee. 3. On appeal by the assessee, the CIT(Appeals) following the decision rendered by the Tribunal in assessee's own case for A.Y. 2002-03 to 2009- 10, deleted the addition made by the AO. The CIT(Appeals), in particular, placed reliance on the decision of the Tribunal in ITA No.1120/Bang/2012 dated 26.7.2013 for the A.Y. 2009-10, wherein the Tribunal following the decision of the Hon'ble High Court of Karnataka in the case of Konkan Marine Agencies, 313 ITR 308 (Kar), deleted the disallowance made by the AO. 4. Aggrieved by the order of the CIT(Appeals), the revenue is in appeal before the Tribunal. 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t proper work from the laborers incentives have to be paid so that speedy and timely disposal of cargo can be effected. Above all these facts we are also of the view that the decision of the Hon'ble jurisdictional High Court in the case CIT and another Vs. Konkan Marine Agencies reported in 323 ITR 308 on which the learned CIT (Appeals) had placed reliance squarely applies to the case in hand. The Hon'ble High Court held : "That taking into consideration the assessee's business and the prevailing practice in the trade, whereby payments had to be made by firms like the assessee in order to ensure that the work of handling goods was done within reasonable time and emergency operations of cargo handling were done beyond worki ..... X X X X Extracts X X X X X X X X Extracts X X X X
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