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    <title>1954 (2) TMI 17 - PATNA HIGH COURT</title>
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    <description>A payment calculated by reference to profits was deductible where its true character was remuneration for services rendered, not a mere distribution of profits. The court noted that the adverse factual finding that the sum had not been paid was unsupported, because the record included the employee&#039;s statement, a receipt and the assessee&#039;s books, while the Tribunal&#039;s reliance on missing account books and absent interim commissions was irrelevant to actual payment. The amount was therefore treated as an admissible business deduction under the Income-tax Act, 1922, and the disallowance was not sustainable.</description>
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    <pubDate>Wed, 17 Feb 1954 00:00:00 +0530</pubDate>
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      <title>1954 (2) TMI 17 - PATNA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=185301</link>
      <description>A payment calculated by reference to profits was deductible where its true character was remuneration for services rendered, not a mere distribution of profits. The court noted that the adverse factual finding that the sum had not been paid was unsupported, because the record included the employee&#039;s statement, a receipt and the assessee&#039;s books, while the Tribunal&#039;s reliance on missing account books and absent interim commissions was irrelevant to actual payment. The amount was therefore treated as an admissible business deduction under the Income-tax Act, 1922, and the disallowance was not sustainable.</description>
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      <pubDate>Wed, 17 Feb 1954 00:00:00 +0530</pubDate>
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