TaxTMI 
TaxTMI 
2016 (6) TMI 599
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....79/-. In the return, the assessee had claimed expenditure of Rs. 3,20,07,330/-which was expended by the assessee by way of commission given to the suppliers. The assessee had however, placed note along with the return which reads as under : "During the year under review the assessee company has made provision for commission for performance guarantee given to supplier on behalf of the company of Rs. 1.45.04.75/-and has also provided for commission on purchase aggregating to Rs. 3,18,96,000/-. The same has been disallowed and will be claimed at the time of actual payment with necessary documents as per law." 2. The return of the assessee was taken for scrutiny by the Assessing Officer. During the assessment proceedings, the assessee cha....
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....perusal of this clause, it is seen that the sum of commission will be 1% of the annual cost of gas purchased by GGCL at the ceiling prices there under. Vide various opportunities, therefore, the assessee was requested to clarify the ceiling price. The assessee, vide reply dated 7/11/06 has submitted that the ceiling price is Rs. 7. However, no other evidences to substantiate the ceiling price have been submitted by the assessee despite requests. Under the circumstances, it is difficult to believe as to how the withdrawal of the stand already taken in the statement of income is made. It is also not understood as to how these amounts are shown under the head purchase when title like "guarantee/commission" have been attached to these amount....
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....eing a contractual liability, the assesses was required to make the payment of commission as per the terms of the agreement. The liability of the expenditure is not disputed and the expenditure has been disallowed on the basis that the details were not available before the authorities below. Under these facts of the case and taking a note of the fact that the assessee has produced copies of various agreements relating to the payment of commission were required to be paid by the assessee, we are of the considered view that the AO should verify the evidences nature of services received by the assessee; Thus, grounds raised in this appeal are restored to file of A0 for verification and the appeal of the assessee for AY 200-405 is treated as al....
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....014) 367 ITR 85(Guj) had occasion to consider whether CIT(Appeals) or the Tribunal can entertain a new ground or contention for the first time. In this context, after referring to the decisions of Supreme Court in case of Goetz (India) Ltd.(supra) and National Thermal Power Company Ltd.(supra), it was observed as under : "38. It thus becomes clear that the decision of the Supreme Court in the case of Goetze (India) Ltd. vs. Commissioner of Incometax (supra) is confined to the powers of the assessing officer and accepting a claim without revised return. This is what Supreme Court observed in the said judgment while distinguishing the judgment in the case of National Thermal Power Co. Ltd. vs. Commissioner of Incometax (supra) and that is ....