Disallowance of commission expense of Rs. 370.43 lac in respect of the assessment years whose assessments were already completed, was not permissible in law as the same was not based on any incriminating material found during the course of search. (AY. 2004-05 to 2006-07)
Dy. CIT v. Sopariwala Exports (2018) 63 ITR 658 (Mum.)(Trib.)
S. 153A : Assessment – Search or requisition -Disallowance of commission expenses paid to overseas agent- in respect of completed assessments-No addition can be made which is not based on any incriminating material found in the course of search.