Commissioner Of Income Tax 3 v. Reliance Industries Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL NO.148 of 2008 Commissioner of Income Tax 3 : Appellant v/s Reliance Industries Ltd.: Respondent Mr. Vimal Gupta Advocate for AppellantMr. J.D. Mistri a/w Raj Darak Advocate for respondent Coram : Dr. S. RadhakrishnanS.J. Kathawalla, JJ. Date : 27.8.2008 P.C.. Heard the learned counsel for the appellant and the learned counsel for the respondent. . The above appeal is admitted on the following substantial question of law. Whether on the facts and in the circumstanceof the case and in law the Hon’ble Tribunalwas right in deleting the addition of Rs.1,50,00,000/- made by the Assessing Officer asdisallowance on estimate basis out of theexpenses claimed by the assessee towardscommission and brokerage paid to variouscompanies by holding that no adhocdisallowance can be made in the absence of anyfinding of discrepancy in the accounts of theassessee even though the Assessee has notbrought on record any evidence to show thatthe brokerage/commission paid by its iscommensurate with the services rendered by therecipient companies to the assessee company? .service. The learned counsel for the respondent waives (S.J. Kathawalla,J.) (Dr. S.Radhakrishnan,J.)