2013 (5) TMI 541

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....) Revenue has challenged the judgment of the Customs, Excise and Service Tax Appellate Tribunal ('the Tribunal' for short) dated 24th September 2012. Following questions have been raised for our consideration: "(i) Whether the Appellate Tribunal is right in law and on facts in deleting the addition of Rs.33,33,032/- made on account of commission paid to related parties? "(ii) Whether the ....

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....upon approached the Tribunal. The Tribunal, by the impugned order, confirmed the order of the CIT (Appeals) observing that the parties had sent confirmation of having received the commissions directly to the Assessing Officer, complete details of month-wise commissions were filed whenever TDS provisions were applicable, tax was deducted and that the CIT (Appeals) properly appreciated the evidence ....

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....e had funds more than Rs.7,38,14,637 by way of share capital reserves and surplus on which no interest was incurred. The Commissioner, therefore, was of the opininon that the assessee had sufficient funds to make interest-free advances and that borrowed funds on interest were not directed for making interest free advances. Such conclusions of the Commissioner (Appeals) were confirmed by the Tri....