The Commissioner Of Income Tax v. Rajkumar S.anand

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPLICATION NO.146 OF 1999. The Commissioner of Income Tax Vs. Rajkumar S.Anand ..Applicant ..Respondent Mr.Ashok Kotangale, A.G.P. with Mr.P.S.Sahadevan forthe Applicant.Mr.F.V.Irani with A.K.Jasani for the Respondent. CORAM :- DR.S.RADHAKRISHNAN &V.C.DAGA, JJ.DATE : 16TH APRIL, 2007P.C.1.Heard the learned Counsel for the parties. Bythe present Application, the Applicant is seeking areference on the following substantial questions oflaw:1. "Whether on the facts and in thecircumstances of the case, the Tribunal was rightin law in holding that the assessee is entitledto deduction on account of incentives from thegross amount of commission and thereby directingthe Assessing Officer to allow deduction of 1/6thof the gross amount of commission withoutappreciating the following facts:i)The assessee’s claim is not supported by anyevidence or material on record.ii)The assessee’s claim is contrary to theevidence available on record which shows that theassessee has not incurred any such expenditure.2.Whether on the factsand in thecircumstances of the case, the Tribunal was rightin law in holding that the assessee is entitledto deductions for estimated expenses out of the No.3 is concerned, the Tribunal has decided in favour of the Assessee as under: 12.The Tribunal gave the benefit of twozeros in respect of this deduction consistentwith its finding in respect of the codeadopted by the assessee for recording thefigures and also held that a receivable cannotbe treated as an item of income. The questionproposed by the Revenue alleges that theTribunal has not appreciated the evidencebrought on record. We find this allegation isquite contrary to the findings of the Tribunaland we accordingly find that no question oflaw arises from the order of the Tribunal inthis regard.3.We do not find any question of law arises outof the same, since the Applicant is unable to point out that the business carried out by the Applicant is prohibited by law. of law. In view of the above, the Application is devoid of merits. Hence, the same stands dismissed. (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.)