2014 (4) TMI 121 - HC - Income Tax

Commission received for sale of tea Commission amount to be included in the income or not - income of individual or income of establishment Held that - the assessee respondent acted on behalf of the establishment and it is the commission for the establishment thus, there is no reason to interfere in the matter as no substantial question of law arises for consideration Decided against Revenue.

Summary

Issues:
Interpretation of commission income for tax assessment - Whether commission income received should be treated as income of the assessee for the relevant period.

Analysis:
The respondent submitted annual returns for the assessment years 1998-1999 and 1999-2000, declaring commission income received for the sale of tea through M/s Vallabh Refractories and Ceramics Products Limited. The respondent claimed that the commissions were received on behalf of the company and used for loan repayment, arguing that it should not be considered personal income. The Commissioner and Appellate Tribunal accepted this argument, leading to the revenue filing appeals under section 260-A of the Income Tax Act.

During the proceedings, the assessing officer contended that the commissions were received by the assessee individually, justifying the additions made. However, the appellate authority, citing a judgment from the High Court of Gujarat, concluded that the respondent acted as an agent for the company based on board authorization. The commission earned by the company and utilized by the respondent for loan repayment supported the rejection of the department's appeal.

Upon review, the High Court examined the evidence, including board meeting records and company transactions, finding that the respondent indeed acted on behalf of the company in earning the commission. The court affirmed that the commission was rightfully attributed to the company, not the individual, based on the available material and evidence, leading to the dismissal of the revenue's appeals.

In conclusion, the High Court upheld the appellate authority's findings as factually accurate and well-supported by the evidence. The court determined that no substantial question of law arose from the concurrent findings, thereby rejecting the appeals and affirming the treatment of the commission income as not belonging to the individual assessee but to the company.