2006 (9) TMI 567

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....see for deduction of Rs. 3,33,658 and Rs. 7,10,029 allegedly paid as commission to Shri Neeraj Goel and late Shri B.M. Goel and whether the findings recorded by the Commissioner of Income-tax (Appeals) and the Tribunal are perverse ?" 2. The assessee is an exporter of Hand-tools. Return declaring income of Rs. 3,82,990 was filed by the assessee on 31-8-1987. During the course of assessment proceedings, the Assessing Officer found that the assessee claimed to have paid an amount of Rs. 3,33,652 to Shri Neeraj Goel, Proprietor of M/s. N.K. Rubber Industries, Jalandhar. Similarly, it was also found that the assessee had paid two cheques of Rs. 4,98,933 and Rs. 2,11,096 to M/s. Punjab Rubber & Allied Industries, a proprietary concern of Shri....

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....by a pharmaceutical company to the doctors but an actual commission allowed or paid to a dealer. It does not fall within the mischief of section 37(3A) of the Act." (p. 648) 5. Only question is to be decided whether finding of the Tribunal that commission paid was genuine business expenditure, was perverse. 6. Finding recorded by the Tribunal is as under :- "6. We have considered the rival submissions, Sh. B.M. Goel Prop. M/s. Punjab Rubber and Allied Industries was an established person in the export trade and he himself was carrying on business at a large scale, as noted by the Ld. CIT(A) in para 4.5 of the impugned order Sh. B.M. Goel has declared a gross profit of Rs. 10,60,942 in respect of his own business over and above the ....