2022 (11) TMI 1020

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....any engaged in the business of Builders & Developers. The assessee company filed its return of income electronically for the A.Y. 2013-14 on 30.09.2013 declaring NIL income. Subsequently, the case of the assessee company was selected for scrutiny under CASS. The A.O. issued statutory notices under section 143(2) and 142(1) of the I.T. Act, 1961 dated 03.09.2014, 14.08.2015 and 08.01.2015 respectively, in response to which, the Authorised Representative of the assessee company appeared before the A.O. and filed details/replies from time to time as called for. 2.2. During the course of assessment proceedings, the A.O. noted that the gross turnover of the assessee company was at Rs.18 crores by sale of land. The A.O. noted that assessee com....

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....ing that commission paid to 16 parties on a single transaction of land is unreasonable & against the market trend. 3. Because the action for making disallowance of commission expenses for Rs.1,16,24,445/-, is being challenged on facts & law as deptt. cannot step into the shoes of the businessman & decide reasonableness & commercial expediency of the expenditure. 4. For any consequential relief and/or legal claim arising out of this appeal and for any addition, deletion, amendment and modification in the grounds of appeal before the disposal of the same in the interest of substantial justice to the assessee." 4. The case file reveals that the assessee company filed the appeal in the Registry of the Tribunal on 08.03.2019....

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....mission paid to different persons on the sale of project. Therefore, the Ld. CIT(A) had confirmed the addition made by the A.O. 6. Before us, the Ld. D.R. strongly supported the orders of the lower authorities contending, inter alia, that since the assessee company did not put forth proper documentary evidences and justification of commission paid to different persons, the A.O. made the impugned addition and on appeal, the Ld. CIT(A) confirmed the addition. He, prayed that the orders of the authorities below be confirmed. 7. We have heard the Ld. D.R. and perused the material on record. A.O. had made addition of Rs.1,16,24,445/- being the amount of alleged commission paid by the assessee to 13 persons for a single land deal of Rs.18 c....