COMMISSIONER OF INCOME TAX Vs. PRAKASH WINE AGENCIES

JUDGEMENT

(1.) THIS is an application by the CIT under S. 256(2) of the IT Act, 1961 that the Tribunal be directed to refer the following question for opinion of this Court:

(2.) THE assessee, a partnership firm carried on business in wines. The assessee debited an amount of Rs. 5,78,184 representing commission to the P&L a/c, the break up of which is as follows: Whereas the claim in regard to first two items was allowed by the IAC (Assessment) the last item was disallowed. On appeal, the CIT (A) disallowed the first two items as well. The Tribunal, however, allowed the claim of the assessee in respect of all the three items.

(3.) THE application is, therefore, rejected. No order as to costs.