(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) We have heard Mr. Sudhir Mehta, learned Standing Counsel for the revenue.
ADMIT.
We formulate the following substantial questions of law which arises in this appeal :-
"[I] Whether the Appellate Tribunal has substantially erred in law by not appreciating the fact that assessee has claimed commission payment to foreign agent as an afterthought after Assessing Officer pointed out the difference between export invoices and Bank remittance certificates, and thereby deleting the disallowance of Rs.1,10,20,201/- in respect of alleged commission to foreign agent ?
[II] Whether the Appellate Tribunal has substantially erred in law by not appreciating the fact that assessee has not complied with the accounting standard AS-I by not accounting the gross invoice value of the export bills as his turnover and not mentioning the qualifying statement for excluding the commission payment from the total turnover and thereby resorted defective accounts and liable for rejection of books of accounts u/s. 145 (3) as stated by Assessing Officer ?
[III] Whether the Appellate Tribunal has substantially erred in law by not appreciating the fact that assessee has claimed the entire gross value of export invoices for DEPB benefit without mentioning the commission expenses incurred by him which clearly proves the false claim of the assessee before IT authorities and which indirectly proves the intention and conduct of the assessee ?"
Issue notice to the other side. Paper book be filed within 3 months.
[V.
M. SAHAI, J.] [N.
V. ANJARIA, J.] Savariya Top