2022 (2) TMI 1309

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e Appellant : Mr. P.K. Bhowmik. For the Respondent : Mr. J.P. Khaitan, Sr. Adv., Mr. Akhilesh Kumar Gupta, Adv., Mr. Asim Chatterjee, Adv., Mr. Soham Sen, Adv. ORDER The Court : This appeal filed by the revenue under Section 260A of the Income Tax Act, 1961 (the 'Act' in brevity) is directed against the order dated 16th August, 2017 passed by the Income Tax Appellate Tribunal, "A" Bench, ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....CIT(Appeals) thereby deleting the disallowances of Rs.12,45,778/- on account of additional depreciation made by the assessing officer without citing any cogent reason merely by stating that the findings of the CIT (Appeals) was not rebutted by the department before it whereas the fact was that the department relied on the finding made by the assessing officer in the assessment order? (iii....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tually provided/discharged by the agents? We have heard Mr. P.K. Bhowmik, learned standing counsel for the appellant/revenue and Mr. J.P. Khaitan, learned senior standing counsel for the respondent/assessee. On carefully going through the order passed by the Tribunal, we find that the tribunal has affirmed the order passed by the Commissioner of Income Tax (Appeals) - XX [CIT(A)] which has d....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....came to the conclusion that the documents conclusively proved that the commission agent has rendered services to the assessee outside India. In paragraphs 5.3.2, 5.3.3 and 5.3.4 the commission paid to the other agents abroad were considered and after taking note of the facts the tribunal was satisfied that the commissioner was right in granting relief to the assessee. With regard to the commission....