Commissioner of Income-tax,W.B.-XI.Cal. v. India Foils Ltd - 2015-LL-0113-11

Citation	2015-LL-0113-11
Appellant Name	Commissioner of Income-tax,W.B.-XI.Cal.
Respondent Name	India Foils Ltd.
Court	HIGH COURT OF CALCUTTA
Relevant Act	Income-tax
Date of Order	13/01/2015
Judgment	View Judgment
Keyword Tags	allowable deduction
Bot Summary:	The Court : The following questions were framed :- I) Whether on the facts and in the circumstances of the case the Tribunal was justified in confirming the orders of the CIT(A) in deleting the disallowances made on account of commission paid to M/s. MC. Neill Magor Ltd. II) Whether on the facts and in the circumstances of the case the Tribunal was justified in holding that travelling expenses incurred by the assessee for the wife of the Managing Director is allowable deduction and thus confirming the order of the CIT(A). III) Whether on the facts in the circumstances of the case the Tribunal was justified in holding that the relief claimed under Section 80I in respect of sli, separator/laminator unit is 2 allowable on the ground that the units are distinct and separate unit. The learned Tribunal held that commission was paid on account of services rendered by M/s. MC. Neill Magor Ltd. Therefore the Tribunal was justified in deleting disallowances. The second question is answered in the affirmative. The third question is essentially based on an enquiry into the facts as to whether the assessee was eligible for the benefit. The Tribunal has found that after an enquiry during assessment for an earlier year the assessee was found eligible. The Tribunal allowed the benefit for this year also.

ORDER SHEET ITA 169 of 2001 IN HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, W.B.-XI.CAL Versus INDIA FOILS LTD. BEFORE: Hon'ble JUSTICE GIRISH CHANDRA GUPTA Hon'ble JUSTICE ARINDAM SINHA Date : 13th January, 2015. Appearance : Md. Nizamuddin, Adv. for Appellant Mr. Somak Basu, Adv. for respondent. Court : following questions were framed :- I) Whether on facts and in circumstances of case Tribunal was justified in confirming orders of CIT(A) in deleting disallowances made on account of commission paid to M/s. MC. Neill & Magor Ltd. II) Whether on facts and in circumstances of case Tribunal was justified in holding that travelling expenses incurred by assessee for wife of Managing Director is allowable deduction and thus confirming order of CIT(A). III) Whether on facts in circumstances of case Tribunal was justified in holding that relief claimed under Section 80I in respect of sli, separator/laminator unit is 2 allowable on ground that units are distinct and separate unit . learned Tribunal held that commission was paid on account of services rendered by M/s. MC. Neill & Magor Ltd. Therefore Tribunal was justified in deleting disallowances. In that view of matter answer to first question is in affirmative. second question is already covered in favour of assessee by judgement of this Court in case J.K. Industries Ltd. vs. Commissioner of Income Tax reported in (2011) 335 ITR 170. Therefore, second question is answered in affirmative. third question is essentially based on enquiry into facts as to whether assessee was eligible for benefit. Tribunal has found that after enquiry during assessment for earlier year assessee was found eligible. Therefore, Tribunal allowed benefit for this year also. In that view of matter, answer to this question is also in affirmative. appeal, is thus, disposed of. (GIRISH CHANDRA GUPTA, J.) (ARINDAM SINHA, J.) SBI Commissioner of Income-tax,W.B.-XI.Cal. v. India Foils Ltd

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