Dismissing the appeal of the revenue the Court held that the payment of commission made by the assessee company to its directors had been allowed for five continuous assessment years. Nothing had been pointed out to show that the position had changed in the year under consideration. Order of Tribunal is affirmed. Followed CIT v Excel Industries Ltd. (2013) 358 ITR 295 (SC) CIT v. Dalmia Promoters and Devels (2015) 5 ITR-OL 277 (SC) (CA No 74 of 277 dt 16-09-2015) (AY. 2011-12)
PCIT v. Shah Virchand Govanji Jewellers Pvt. Ltd. (2019) 418 ITR 472 (Guj.)(HC)
S. 37(1) : Business expenditure–Commission paid to directors-Allowed in earlier years-Principle of consistency is followed– Appeal of revenue is dismissed.