2009 (8) TMI 1193 - AT - Income Tax

Summary

Issues involved: Appeal against the order of the Learned Commissioner of Income Tax(Appeals)-I, Surat regarding disallowance of commission/brokerage payment and interest under section 40A(2)(b) of the I.T. Act.

Disallowed Commission/Brokerage Payment:
The revenue appealed against the order directing deletion of the disallowance of commission payment to a sister concern. The Assessing Officer disallowed the deduction under Section 40A(2)(b) due to lack of evidence on services provided. However, the Commissioner allowed the deduction based on the appellant's submissions, stating a convincing case was made. The Tribunal remanded the matter back to the Commissioner for a reasoned order, allowing the appeal for statistical purposes.

Disallowed Interest Payment:
The revenue appealed against the order directing deletion of the disallowance of interest paid to a sister concern. The Assessing Officer disallowed the interest amount, citing interest-free advances to sister concerns. The Commissioner deleted the addition based on submissions, without a detailed reasoning. The Tribunal remanded the matter back to the Commissioner for a well-reasoned order, allowing the appeal for statistical purposes.