COMMISSIONER OF INCOMETAX Vs. E.S. JOSE

JUDGEMENT

(1.) This appeal is filed against the order of the Income tax Appellate Tribunal, Cochin Bench in I.T.A.No.508/COCH/98 dated 13/09/2002. The respondent is the assessee and the issue involved is with reference to assessment year 1995-96. The assessment was completed on 27/03/1998 determining the total income at Rs.19,75,350/-.

(2.) While arriving at the total income, the Assessing Officer disallowed the commission payment to the extent of 4,03,853/- to agents and two relatives of the assessee by restricting such commission to 1% of the total turnover. The Assessing Officer has also made addition of Rs.11,91,600/- being credit in the account of the assessee as not proved to be genuine.

(3.) An appeal was filed by the assessee before the Commissioner of Income Tax (Appeals).