2010 (3) TMI 1109 - AT - Income Tax

Summary

Issues Involved:
1. Deletion of addition made u/s 40A(3) of the Act.
2. Deletion of addition made u/s 37 of the Act.
3. Deletion of addition made u/s 40(a)(ia) of the Act.

Summary:

I. Cash Payments Exceeding Rs. 20000/- u/s 40A(3):

The AO found that the assessee made cash payments exceeding Rs. 20000/- by splitting amounts to avoid the provisions of s.40A(3). The CIT(A) deleted the addition, stating the AO did not prove intentional splitting and relied on case laws such as Aloo Supply Co., 121 ITR 680 (Orissa). The Tribunal agreed, noting the payments were cash discounts, not expenditure, and thus did not attract s.40A(3).

II. Traveling and Conveyance:

The AO disallowed expenses for conferences in Singapore, Bangkok, and Bombay due to lack of evidence. The CIT(A) allowed 90% of the expenses, considering them business-related. The Tribunal upheld this, noting the AO did not dispute the business purpose and the CIT(A)'s decision was reasonable.

III. Marketing Expenses - u/s 194H:

The AO treated marketing expenses as commission payments without TDS, invoking s.194H. The CIT(A) disagreed, stating no evidence of principal-agent relationship was provided. The Tribunal upheld this, citing the absence of service elements and reliance on CIT v. Popular Automobiles Ltd., 212 ITR 611 (Kerala HC), concluding s.194H and s.40(a)(ia) were not applicable.

Conclusion:

The Tribunal dismissed the Revenue's appeal, agreeing with the CIT(A) on all counts.

Pronounced in the open court on this 19.3.2010.