1984 (2) TMI 354

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.... JUDGMENT KANIA, J. - This is an application under section 256(2) of the Income-tax Act, 1961, for directing the Tribunal to state a case and to refer to this Court for determination the four questions set out therein. In our view, it is not necessary to set out those questions here, because all those questions turn on the basic controversy as to whether an amount of Rs. 26,112 should be allow....

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....r (Appeals). The Tribunal upheld this decision. The present application is directed against the order of the Tribunal. The crucial question is whether there was any evidence before the Tribunal to prove the fact of payment of this amount as the secret commission and whether it could be said to have been an amount laid out wholly and exclusively for the purposes of the assessee's business. Thes....

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....nd the amounts of the commission paid, although the names of the persons to whom it was paid were not disclosed. It is easy to understand why such names were not disclosed, because had they been disclosed, such employees would have been dealt with by their employers-the mills concerned. On this material, the Tribunal held that although the evidence was not direct, there was evidence to show that t....