2021 (3) TMI 744

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....was admitted on the following substantial questions of law: "Whether on the facts and in the circumstances of the case, the Tribunal was right in upholding order of Commissioner of Income Tax (Appeals) in deleting the disallowance made by the Assessing Officer under Section 36(1)(ii) of the Income Tax Act?" 3.When the appeal is taken up for hearing, Mr.M.Swaminathan, learned Senior Standing Counsel appearing for the appellant fairly submitted that the issue involved in the present appeal is covered by the decision of this Court dated 02.03.2021 made in T.C.A.No.873 of 2012 [The Commissioner of Income Tax, Chennai Vs M/s.True Value Homes (India) Pvt. Ltd, TVH Triveni, 21-CV Raman Road, Alwarpet, Chennai - 600 018], wherein we hav....

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.... Gupta was for services rendered by him as per terms of appointment as a Managing Director. In view of the aforesaid position, we answer the question of law in negative and in favour of the assessee and against the Revenue. The appeal is accordingly allowed. No costs". 5.So far as the 2nd question of law is concerned, the same is covered by the decision of the Hon'ble Division Bench of this court reported in 2013(255) CTR 156 [Commissioner of Income Tax v. Sanghvi and Doshi Enterprise] wherein the Division Bench of this Court held as follows:- " ... 32.This takes us to the second question as regards the completion certificate. As already pointed out in the preceding paragraphs, the assessee had evidently completed the ....