Assessee claimed deduction towards payment for purchase of oil. Revenue claimed that assessee had paid illegal commission to State Oil Marketing Organization, an Iraqi government agency for purchase of oil; therefore, such expenditure was not allowable. However, Commissioner (Appeals) observed that except for Volcker Committee Report there was no evidence that assessee had paid any such illegal commission, that even in said report, there was no finding that assessee had made illegal payments and that payments were made by an agent. Tribunal confirmed view of Commissioner (Appeals) Dismissing the appeal of the revenue the Court held that r since entire issue was based on appreciation of evidence, no question of law arose for consideration from Tribunal’s order allowing payment for purchase of oil. (AY.2002- 03) (ITA No. 5769/M/2013 dt. 16-09-2015)
CIT-LTU v. Reliance Industries Ltd. (2019) 261 Taxman 283/ / (2020)423 ITR 236 (Bom.)(HC)
S. 37(1) : Business expenditure-Illegal Commission-Volcker Committee Report – No finding that the asesee had made payment – Deletion of addition held to be justified.