2004 (9) TMI 85

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....owing question of law under section 256(1) of the Income-tax Act, 1961, hereinafter referred to as "the Act", for opinion to this court "Whether, on the facts and circumstances of the case, the Tribunal's finding that payment made to Shri Atma Ram Agrawala, advocate, and Dr. R.C. Vaish, chartered accountant were not covered by the provision of section 80VV is vitiated as the Tribunal had f....

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.... assessee has spent Rs. 10,835 for income-tax purposes out of which Rs. 5,000 are admissible to the assessee-company under section 80VV and the rest are disallowed. It was stated on behalf of the assessee that Rs. 5,000 was given to Dr. Ramesh C. Vaish, chartered accountants as retainership fee for advice on company law affairs. Rupees 2,000 were paid to Sri Atma Ram Agarwal, as retainer's fee for....

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....heard Sri A.N. Mahajan, learned standing counsel for the appellant-Revenue, and Sri V. Swarup, learned counsel for the respondent-assessee. Learned counsel for the Revenue submitted that under section 80VV of the Act the Income-tax Officer has rightly disallowed a sum of Rs. 5,835 which was over and above the permissible limit of fee paid to counsel appearing in income-tax proceedings. The subm....