2012 (8) TMI 308

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.....RAVINDRA BHAT (OPEN COURT)   1. In this appeal, the revenue claims to be aggrieved by a decision of the Income Tax Appellate Tribunal dated 30-09-2011, disposing of the appeal against an order of the Appellate Commissioner.   2. During the assessment year, 2008-2009, the assessee filed a return claiming that it paid a commission of Rs. 72,25,179/- and an amount of Rs. 4,50,000/-as....

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....s case, The Income Tax Appellate Tribunal has allowed the payment of bonus and commission to the Employee-Directors of the assesse company under Section 36(1)(ii) of the Income Tax Act and one of the reasons given by the tribunal, which is specifically weighed with its, is that in the past similar commission was paid to the working directors and it was never disallowed. Mr. Aggarwal, learned co....

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....mer is elaborate, and has taken into account all the submissions of the parties, including the peculiar shareholding pattern of the assessee in this case. It is a closely-held family company which had, by resolution authorized payment of commission to working directors. The Tribunal also noticed that no commission was paid to some directors, which indicated that such category of amounts was not di....