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2013 (11) TMI 127

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....d Commissioner of Income-tax (Appeals)-XX, Kolkata, in Appeal No. 513/CIT(A)-XX/Cir-36/2007-08/Kol dated March 6, 2012 for the assessment year 2005-06.   Shri R. Mukherjee, LLB, FCA, CA, the learned authorised representative appeared on behalf of the assessee and Shri P. S. Dutta, learned senior Departmental representative appeared on behalf of the Revenue. In the assessee's appeal the ....

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....s remuneration. 2. For that the assessment is in violation of the principles of natural justice and accordingly your appellant prays to delete the addition upholding the income as per original return.   3. For that your appellant craves leave to add, amend or alter any ground/s on or before the hearing. It was submitted by the learned authorised representative for the assessee that t....

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....proved that Smt. Madhumita Paul did know of the operations of the assessee's business. It was the submission that the salary paid to Smt. Madhumita Paul was liable to be allowed. In reply, the learned senior Departmental representative has vehemently supported the order of the learned Commissioner of Income-tax (Appeals). We have considered the rival submission. A perusal of the assessment o....

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....wance to Rs. 1 lakh. Here it is noticed that the Assessing Officer and the learned Commissioner of Income-tax (Appeals) has estimated the salary of Smt. Madhumita Paul without considering any comparative case or without laying any foundation for such estimation itself. In the circumstances, we are of the view that there is no ground for restricting the salary paid to Smt. Madhumita Paul at Rs. 1.2....