2011 (6) TMI 495 - HC - Income Tax

Whether the Tribunal was justified in sustaining the first appellate authority s order limiting the deduction claimed by the assessee towards payment made to a group company for corporate service rendered to it at 50 per cent. of the actual payment - finding of these authorities is that the appellant did not furnish specific details about the services rendered and what is stated is about the broad support and help received by the appellant from the group company to justify payments Held that - liberal approach is taken by the officer and still more liberal were the first appellate authority and the Tribunal because the claim made is sustained at 50 per cent. without proof for the service rendered justifying allowance of even so much of the claim appeals dismissed

Summary

Issues:
Deduction claimed for corporate services payment to group company.

Analysis:
The primary issue in the connected appeals was whether the Tribunal was correct in limiting the deduction claimed by the assessee for payments made to a group company for "corporate service" rendered at 50% of the actual payment. The assessee had paid significant amounts to another company within the same group for services rendered, but the assessing authority limited the deduction to 25% due to lack of specific details about the nature of services provided. The Commissioner of Income-tax (Appeals) further limited the allowance to 50% of the claim, which was upheld by the Tribunal, leading to the appeals before the High Court.

During the proceedings, the appellant/assessee relied on legal precedents to argue that once a payment is genuine, the full claim should be allowed. On the other hand, the respondent contended that payments between companies in the same group require specific justification for services rendered to allow the claim. The High Court, after considering the arguments and reviewing the orders, found no reason to interfere with the decisions of the lower authorities in limiting the deduction to 50% of the claim amount. The Court noted that the appellant failed to provide detailed breakdowns of the payments in relation to services received, and mere payment without specific justification was not sufficient to allow the full claim.

The Court emphasized that in cases involving related companies, a higher standard of proof is required to justify payments for services. While a liberal approach was taken by the authorities in allowing 50% of the claim without detailed proof of services rendered, the Court held that without adequate justification, the Department was not obligated to allow the claim in full. The Court highlighted the importance of furnishing specific details to support payments made between related parties to establish the reasonableness of the claim.

Ultimately, the High Court dismissed the appeals, upholding the decisions of the lower authorities to limit the deduction claimed for service charges paid to the group company at 50% of the claim amount.