2011 (1) TMI 1055 - AT - Income Tax

Disallowance OF expenses claimed on account of earning commission income - According to the assessee, she had incurred total expenditure under various heads to the tune of Rs. 13,07,755, which were directly related to her earning of commission income and this has resulted in net commission income of Rs. 7,04,175 which was also not disputed by the AO - assessee was not required to maintain accounts as per the provisions of section 44AA of the IT Act, 1961 and as such no adverse inference in this respect is warranted - Held that - The authorities below did not dispute the heads of expenditure, but they merely doubted the quantum of the same for lack of supporting evidence - It is a fact that except filing month-wise details of expenditure and statements of accounts, the assessee also could not produce any evidence in support of the expenditure - disallowance is restricted to 10 per cent of the total expenses claimed - the appeal of the assessee is partly allowed

Summary

Issues:
Disallowance of expenses claimed on account of earning commission income.

Analysis:
The appeal was against the disallowance of Rs. 6,53,878 out of expenses claimed for earning commission income. The Assessing Officer (AO) disallowed 50% of the expenses as the assessee failed to produce evidence supporting the claimed expenses. The Commissioner of Income Tax (Appeals) upheld this decision. The assessee argued that the expenses were necessary for earning commission income, including marketing activities, team organization, meetings, conferences, and staff payments. The assessee contended that the AO did not dispute the heads of expenses and that maintaining detailed accounts was not required by law for an ailing person. The assessee also highlighted the consistency in expenses and commission income in previous and subsequent years, which were accepted by the Department. The AO's decision was criticized as arbitrary and not based on proper perspective or precedent.

The Departmental Representative supported the lower authorities' orders to disallow the expenses. The Tribunal considered the evidence, including the statement of income and expenditure, TDS certificates, and a comparative chart of previous years. It noted that the commission income was significantly higher in the assessment year in question. The Tribunal found that the authorities did not dispute the nature of expenses but doubted the quantum due to lack of supporting evidence. Despite the absence of detailed accounts, it was acknowledged that the expenses were incurred. Following the precedent set in the case of CIT v. Laxminarain Badridas, the Tribunal held that some disallowance was necessary but restricted it to 10% of the total expenses claimed. The appeal was partly allowed, acknowledging the necessity of some disallowance while ensuring fairness and justice in the assessment process.