1998 (1) TMI 517 - HC - Income Tax

Summary

Issues:
1. Whether the Tribunal's finding on the payment of commission by the assessee to Industrial Service Centre (ISC) was based on relevant materials or perverse?
2. Whether the disallowance of sales commission by the Income Tax Officer (ITO) was justified?

Analysis:
1. The case involved the payment of commission of Rs. 22,36,555 by the assessee to ISC for sales of its product. The ITO disallowed this amount, considering it unrelated to the assessee's business. The Commissioner (Appeals) allowed the claim after the assessee provided details of services rendered by ISC, which increased sales significantly. The Tribunal upheld this view, noting the genuine agreement between the parties and the increase in sales volume. The department's application for a reference was rejected by the Tribunal, deeming it a question based on a finding of fact.

2. During the hearing, it was established that the genuineness of the agreement between the assessee and ISC was undisputed. Payments were made through account-payee cheques, and statements of ISC partners were used against the assessee without providing an opportunity for cross-examination. The partners admitted to the agreement for sales on a commission basis, with services rendered by ISC. The Tribunal found no perversity in the fact that services were rendered, leading to the payment of commission. The Tribunal's decision was upheld, emphasizing that the finding of fact regarding service provision was not perverse, justifying the payment of commission.

In conclusion, the High Court affirmed that the Tribunal's finding on the payment of commission by the assessee to ISC was based on relevant materials and not perverse. The disallowance of sales commission by the ITO was deemed unjustified. Both judges concurred on these conclusions, ruling in favor of the assessee and against the revenue department.