2010 (9) TMI 341 - HC - Income Tax

Business expenditure - Disallwance - Excessive and unreasonable payments - Addition for purchase and sales made from sister concern - Finding by Commissioner (Appeal)as well as Tribunal as to genuineness of valuation in Transaction between sister concerns not perverse - Appeal dismissed

Summary

Issues:
1. Interpretation of section 40A(2)(b) of the Income-tax Act, 1961 regarding purchases made from a sister concern at rates higher than market rates.
2. Interpretation of section 40A(2)(b) of the Income-tax Act, 1961 regarding sales made to a sister concern at rates lower than market rates.

Analysis:
1. The appeal involved the interpretation of section 40A(2)(b) of the Income-tax Act, 1961 concerning the addition of Rs. 6,18,910 made by the Assessing Officer on purchases from a sister concern at rates higher than market rates. The Tribunal set aside the addition, accepting the appellant's explanation that the rates paid were comparable to market rates. The Commissioner of Income-tax (Appeals) found that the difference in purchase rates was due to the quality of raw material and that the rates paid were justifiable. The Tribunal affirmed these findings, concluding that no substantial question of law arose as the valuation in transactions with the sister concern was genuine and not perverse.

2. The second issue pertained to the addition of Rs. 51,35,244 made by the Assessing Officer on sales to a sister concern at rates lower than market rates under section 40A(2)(b) of the Income-tax Act, 1961. The Commissioner of Income-tax (Appeals) and the Tribunal both found that the appellant's explanation regarding the variation in sale rates based on the quality of products sold to different parties, including the sister concern, was reasonable. Detailed comparisons of sale rates on the same day to different parties were provided, showing variations based on product quality. The Tribunal upheld these findings, emphasizing that the valuation in transactions with the sister concern was genuine and not unjustified.

In conclusion, the High Court dismissed the appeal, as no substantial question of law was found in the concurrent factual findings by the Commissioner of Income-tax (Appeals) and the Tribunal regarding the genuineness of the valuation in transactions with the sister concern.