2008 (11) TMI 12

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....e court was delivered by RAJIV SHAKDHER, J- . This is an appeal under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as "the Act") against the judgment dated 28.04.2006 passed by the Income Tax Appellate Tribunal (hereinafter referred to as the 'Tribunal') in ITA No. 1613/Del/2003, in respect of, assessment year 1998-99. 2. The issue which arises in the present appeal pert....

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....nal to hold to the contrary by alluding to the fact that to what had impressed the earlier Bench of the Tribunal while passing the judgment dated 23.12.2005, in respect of, the aforementioned appeals was that the increase in sales in the assessment year 1996-97 when compared to the immediately preceding year was more than two fold, whereas in the year under consideration, increase in sale was less....

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....llowed at the agreed rate. The Tribunal further noted that in the present case, the factum of such service was accepted by the Assessing Officer himself while allowing the commission paid by the assessee to M/s Chemline India Limited at the rate of 15%, and also that, this vital aspect was duly taken into account by the Tribunal while deciding similar issues in favour of the assessee for the asses....