2014 (5) TMI 851

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....heard Mr.Singh appearing on behalf of the Revenue and perusing with his assistance the order of the Income Tax Appellate Tribunal impugned in this Appeal, we are of the opinion that this Appeal does not raise any substantial questions of law. 2. The three questions and stated to be substantial questions of law have been carefully perused by us. The Assessment Year in question is 2004-05. In rel....

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.... of justice and so as to furnish an opportunity to the assessee to substantiate and elaborate his claim, the Tribunal remanded the matter to the Assessing officer to consider this claim as per the facts and materials brought on record and in accordance with law. The explanation given by the assessee for not being able to place the documents earlier on record has been accepted. The technical view t....

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....nal found that the Accountant of the Company committed a mistake in paying the commission @ 3.51% to the Directors and the assessee conceded before the Tribunal that this was a mistake and the commission has been restricted not 1% as claimed by the Revenue but 1.77%. The total payment, therefore is not more than Rs.10,52,000/-. In the given facts and circumstances, the Tribunal did not commit any ....

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....e the audit report has not been filed by the assessee in the prescribed format. The matter was thus of form and not of substance. All that the Tribunal has permitted is that the audit report be brought on record. The audit report was earlier not filed in the prescribed form. The reason given for the omission is not lacking in bonafides or utterly false. In such circumstances, the concurrent findin....