2019 (4) TMI 105

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... INCOME TAX DEPARTMENT AND SRI. K. M. V. PANDALAI, INCOME TAX DEPARTMENT For The Respondent : ADVS. SRI. BINU MATHEW, J. JOHN PRAKASH, SRI. JOSEPH KODIANTHARA (SR. ), SRI. MATHEWS , K. UTHUPPACHAN SRI. TERRY V. JAMES SRI. TOM THOMAS (KAKKUZHIYIL) AND SRI. V. ABRAHAM MARKOS JUDGMENT P. R. Ramachandra Menon, J. The appeal is at the instance of the Revenue. Challenge is against 'Annex....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....0. Pursuant to the order of remand, the matter was considered afresh by the Tribunal and the appeal preferred by the Revenue came to be dismissed as per Annexure F order. This is sought to be challenged in this appeal, at the instance of the Revenue. 3. Heard Mr. Christopher Abraham, the learned Standing Counsel for the Department as well as Mr.Joseph Markose, the learned Sr.Counsel for the ass....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e dispute involved is with regard to the payment of commission paid by the supplier of raw materials (to M/s. Sunrays Properties and investments private Limited). This is branded as an instance of diversion of funds by the Assessing Officer and sought to be assessed by the Revenue, whereas it was contended by the assessee that the commission was paid in the course of business and hence part of the....