9911796707
TMI Blog2001 (2) TMI 257X X X X Extracts X X X X X X X X Extracts X X X X ..... ration to three sons of the Karta of the assessee aggregating to Rs. 18,000. 3. The assessee, who was the proprietor in his HUF capacity is engaged in doing purchase and sale of marble goods, Zari and wood items. During the course of assessment proceedings, the AO noted that the assessee has claimed a deduction of remuneration @ of Rs. 2,000 per month to three of his sons namely, Shri Chandra K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rrying on the same business in the name and style of M/s. Indian Handicraft Emporium, Taj Road. The firm was subsequently dissolved on 31st March, 1990, and the business was taken over by Shri Onkar Nath Gupta in his HUF capacity. Thus, the erstwhile firm became the proprietary concern of Shri Onkar Nath Gupta. It was stated that in the earlier year, though the sales were of about Rs. 30 lacs, but ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny a times, it happens that enough efforts are put in to boost sales but no success is achieved. It does not mean that the remuneration payable to them is reduced. Nothing has been brought on record to suggest that the three sons of the assessee had not put in their best to boost the sales of the assessee. Under these circumstances, the disallowance sustained by Dy. CIT(A) cannot be said to be rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In view of Explanation (aa) to s. 80HHC of the Act. On appeal, the Dy. CIT(A) also confirmed the disallowance made by the AO. The assessee is in appeal before us against the finding of the Dy. CIT(A). 7. It was argued by the learned counsel that the issue was squarely covered in favour of the assessee by the decision of Agra Bench of the Tribunal in the case of G.G. Mathur, proprietor, Kohinoo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t foreign exchange, was export sales and profits on such sales was eligible for deduction under s. 80HHC of the Act. However, we are restoring this issue to the AO to ascertain whether the goods purchased by the foreign buyers had actually gone out of India. For this purpose, the AO may ask for the evidence from the assessee, if not available on record. For this limited purpose, this issue is rest ..... X X X X Extracts X X X X X X X X Extracts X X X X
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