https://www.taxtmi.com/caselaws?id=67579 The Tribunal ruled in favor of the assessee, finding that the assessing authority had misinterpreted the provisions of section 40A(5) of the Income-tax Act regarding salary and commission payments to the general manager. It was held that the commission, even if based on sales performance, fell under the definition of 'salary' under section 17 and was subject to the limits set forth in section 40A(5). The Tribunal allowed the appeals, overturning the Commissioner (Appeals) decision and reinstating the Income-tax Appellate Commissioner's order, citing a mistake apparent on record justifying rectification under section 154 of the Act. en-us Wed, 23 Apr 1986 00:00:00 +0530 Fri, 11 Mar 2011 14:12:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=67579 The Tribunal ruled in favor of the assessee, finding that the assessing authority had misinterpreted the provisions of section 40A(5) of the Income-tax Act regarding salary and commission payments to the general manager. It was held that the commission, even if based on sales performance, fell under the definition of 'salary' under section 17 and was subject to the limits set forth in section 40A(5). The Tribunal allowed the appeals, overturning the Commissioner (Appeals) decision and reinstating the Income-tax Appellate Commissioner's order, citing a mistake apparent on record justifying rectification under section 154 of the Act. Case-Laws Income Tax Wed, 23 Apr 1986 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=67579