2015 (8) TMI 1530 - AT - Income Tax

Assessee's Commission Appeal Dismissed for Lack of Proof

The Tribunal dismissed the Miscellaneous Petition filed by the assessee, upholding the original order regarding the payment of commission amounting to Rs. ... Bogus Payment of commission - HELD THAT:- As observed that the assessee has failed to discharge its burden cast upon it with regard to payment of commission as a genuine payment. Therefore, the order passed by the ld. CIT(A) was confirmed and the appeal filed by the assessee was dismissed. Further, the assessee has not pointed out any apparent mistake in the order passed by the Tribunal. Accordingly, the miscellaneous petition filed by the assessee stands dismissed. Issues:1. Modification of Tribunal order regarding payment of commission.Analysis:The judgment pertains to a Miscellaneous Petition filed by the assessee seeking modification of the order passed by the Tribunal in relation to the assessment year 2001-02. The assessee contended that the Tribunal's findings on the payment of commission amounting to Rs. 25 lakhs were incorrect and requested a modification of the order. The ld. Counsel for the assessee argued for the modification, while the ld. DR opposed the submissions.Upon hearing both parties and examining the evidence on record along with the Tribunal's order, it was noted that the Tribunal had found the assessee to have failed in proving the genuineness of the payment of commission. Consequently, the order of the ld. CIT(A) was upheld, and the appeal by the assessee was dismissed. The Tribunal did not find any apparent mistake in its order and, therefore, rejected the Miscellaneous Petition filed by the assessee.In conclusion, the Tribunal dismissed the Miscellaneous Petition filed by the assessee, thereby affirming the original order regarding the payment of commission. The judgment was pronounced in Chennai on the 12th of August, 2015.