Itxa/1139/2008 Of The Commissioner Of Income Tax-19 v. M/S. Cardio Products

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1139 OF 2008 The Commissioner of Income Tax-19Mumbai ...Appellant V/s. M/s.Cardio Products ..Respondent Mr.A.S.Shivsharan, Advocate, for the appellantDr.P.Daniel i/b.Mr.Vishnu S. Hadade, Advocate, for the respondent CORAM : DR.S.RADHAKRISHNAN &R.M.SAVANT, JJ. DATE : 1ST OCTOBER, 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. (a)The Substantial question of law arises in the present appealis regarding the true scope and correct interpretation of Sec.37(1) and other provisions of the Income Tax Act, 1961and whether on the facts and circumstances of the case and in law the Hon'ble Tribunal right in deleting the addition of Rs.10, 81, 370/- made by the Assessing Officer on account of the disallowance of commission allegedly paid to M/s.Vanita Sales and Marketing Pvt. Ltd. For reasons recorded in the assessment order.Rs.10, 81, 370/- made by the Assessing Officer on account of the disallowance of commission allegedly paid to M/s.Vanita Sales and Marketing Pvt. Ltd. For reasons recorded in the assessment order. 2.The Commissioner of Income Tax (Appeals) in his Orderdated 28[th] September, 2004, in paragraph Nos.4 and 5 has clearlymentioned that the assessee has produced the documentaryevidence to substantiate payment made to M/s.Vanita Sales andMarketing Pvt. Ltd and the record clearly indicates that such paymenthad been made to M/s.Vanita Sales and Marketing Pvt. Ltd. In viewthereof, the amount was allowed to be deducted. 3.The said issue was again considered by the Income TaxAppellate Tribunal in its Order dated 7[th] January, 2008. The Tribunal in paragraph eight has given findings concurring with the findingsgiven by the CIT(A) and came to a conclusion that the learned CIT(A)was correct in law and upheld the Order of CIT(A). The findings givenby the ITAT are clearly of findings of facts and there is no question of law involved in the above Appeal. Hence, the above Appeal stands dismissed. (DR.S.RADHAKRISHNAN, J.) (R.M.SAVANT, J.)