Nma/659/2009 Of Cummins Generator Technologies India Ltd v. The Assistant Commissioner Of Incometax Ahmednagar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.659 OF 2009 IN INCOME TAX APPEAL (L) NO.365 OF 2009 Cummins Generator Technologies ) India Ltd., )..Appellant V/s. Asstt.Commisssioner of Income-tax ) of Ahmednagar Circle )..Respondents ---- Mr.S.N.Inamdar with Mr.Prakash Shah i/by PDS Legal for the appellant. Mr.Vimal Gupta with Mr.P.S.Sahadevan for the respondents. ---- Coram : F.I.Rebello & R.S.Mohite,JJ Date : 16.02.2009. PC 1. Considering the cause shown, delay condoned. Office to register the appeal. INCOME TAX APPEAL (L) NO.365 OF 2009 1. Admit on the following questions :- (I) Whether on the facts and in the circumstances of the case and specific findings of fact recorded by the Commissioner of Income Tax (Appeals) and in view of Circular No.6-P dated 6th July, 1968 issued by the Central Board of Direct Taxes, the appellate tribunal ought to have held that section 40A(2) of the Income Tax Act 1961 had no application to the : 2 : case in as much as the payment of brokerage was approved by Central Government and there was no tax evasion involved at all ? (II) Whether there was any evidence before the Tribunal on the basis of which it could legally come to the conclusion that the payment of commission was "on a very high side" ? 2. Office objections to be removed within a period of six weeks. Failure to remove office objections, matter to stand dismissed without further reference to the Court. 3. Respondents waive service. (R.S.Mohite,J) (F.I.Rebello,J)