1997 (3) TMI 18

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.... J.---At the instance of the Department, the Tribunal has referred the following question for the opinion of this court under section 256(1) of the Income-tax Act, 1961 : "Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that a disallowance of Rs. 40,000 (against Rs. 1,20,000 disallowed by the Income-tax Officer) under commission payments would be ....

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....onsideration and, therefore, this assessment year also it should be remitted back for fresh disposal. In the order of the Tribunal, it is stated that the payments including the assessee's employees canvassed the business and commission was paid to them for the overtime, and reimbursement was made to meet the incidental expenses. In the assessment year 1975-76, the commission paid was Rs. 4,94,5....

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....t case, for the assessment year 1979-80 towards the commission payment of Rs. 6,05,336, the Commissioner of Income-tax (Appeals) disallowed a sum of Rs. 40,000 and the Tribunal has accepted the same. In each year what would be the expenditure incurred for commission payment depends upon the facts arising in that year. Considering the various facts as stated in the order, the Tribunal has accepted ....