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TMI Blog1990 (9) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... ) of the Income-tax Act, 1961. The question sought to be referred as a question of law is : "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the secret commission amounting to Rs. 1,41,346 paid by the assessee was an allowable deduction within the meaning of section 37(1) of the Income-tax Act, 1961 ?" The proceedings relate to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds maintained by the company relating to the secret commission payments. Vouchers for the amounts received by the sales officer or other responsible persons for the payment of secret commission were available. The details of sales transactions entered into with various mill-companies, in respect of which secret commission had to be paid, were available. There was a complete tally between the commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the very nature of things. Shri Patel then pointed out that, in paragraph 29 of the judgment, the Special Bench of the Tribunal noted that the position was the same in the case of Indochem Ltd. and that of the assessee. On the above stated facts, our judgment in the case of CIT v. Goodlass Nerolac Paints Ltd. [1991] 188 ITR 1 (Income-tax Reference No. 606 of 1976) dated August 21, 1990, squarely ..... X X X X Extracts X X X X X X X X Extracts X X X X
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