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The appeal has been filed against the addition of Rs. 11,12,211/- made by the learned AO and confirmed by the learned CIT(Appeals) treating the said amount as not commission but as "salary" income without allowing deduction u/s.37 of the IT. Act, 1961, the expenses incurred to earn the said commission. But in fact, the entire receipt is commission and not salary as it would be clear going though the fact of the case. The claim of the assessee is that the income earned by way of commission for expansion of business of the Principal i.e. M/s. Seashore Agricultural Promoters Co-operation should be taken after allowing the deduction of expenses to earn that incomes

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Section 15, 17 & 28(i) of the Income Tax Act, 1961 — Nature of income — Business income or income from salary — Issue is restored to the AO for verification of said expenses which have been debited to the P&L a/c by the assessee as assessee having claimed that the remuneration received by him from two companies was partly in the nature of commission apart from salary and that he has incurred expenses under various heads on the staff appointed by him for carrying out the activities undertaken by him for earning such commission income which has not been examined by the lower authorities — Jalendra Sahoo vs. Income tax Officer [2019] 202 TTJ (Cuttack) (UO)1

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