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2016 (1) TMI 1490 - AT - Income TaxAddition on account of commission payments debited to the profit and loss account - CIT-A deleted the addition - HELD THAT - We find that the assessee has submitted detailed evidences like names of the agents, PAN numbers, describing services rendered by the Agents, confirming the transaction, details of the TDS made, Bank account details with returns of income of agents. However, the AO has failed to examine or crossexamine these evidences by calling the concerned Agents. We also note that the question framed by the AO to various Government Agents like Madhya Pradesh Agro Industries Development Corporation Limited and Madhya Pradesh State Co-operative Marketing Federation etc. was whether such purchases were made through any commission agents ? If yes, the names and addresses of such commission agents. Therefore, the reply to this question had to be in negative as the commission agents were appointed by the assessee and not by the Government nodal agencies. We also note that the assessee is dealing in supplies of equipments to the farmers in as many as three states spread over a large geographical area. Therefore, requirement of Representatives for doing such jobs cannot be denied. Further, M.P. State Agro State Marketing Development Corporation Limited vide their letter dated 21.02.2014 placed at paper book page no. 53, prescribes the various formalities and services required to be handled by the assessee or representatives of the agents. Therefore, we are of the considered opinion that the ld. CIT(A) was justified in deleting the addition on account of commission payments debited to the profit and loss account. Appeal of the Revenue is dismissed.
Issues:
1. Disallowance of commission expenses by AO 2. Justification of deletion of disallowance by CIT(A) 3. Validity of commission expenses claimed by the assessee Analysis: 1. The appeal was filed by the Revenue against the order of the Commissioner of Income-tax (Appeals)-II, Indore regarding the disallowance of commission expenses amounting to Rs. 1,64,08,950/- made by the Assessing Officer (AO) for the assessment year 2011-12. 2. The Revenue contended that the AO's findings were correct as the Government agencies involved in the transactions did not require any agents, implying that the commission expenses were a means for the assessee to reduce its profit. The Senior Departmental Representative supported the AO's decision. 3. The assessee, on the other hand, argued before the CIT(A) that the commission agents played a crucial role in facilitating sales to farmers, providing services such as marketing, educating on product usage, and completing formalities. The assessee claimed that the expenses saved costs associated with employing staff and were essential for the business. 4. The CIT(A) reviewed the case and noted that the AO's basis for disallowing the commission expenses was flawed as the agents were appointed by the assessee, not the Government agencies. The CIT(A) found that the commission expenses were genuine and reasonably claimed based on the services provided by the agents. 5. The Tribunal examined the evidence submitted by the assessee, including details of agents, services rendered, TDS details, and bank transactions. It was observed that the AO failed to cross-examine the agents or verify the services provided. The Tribunal agreed with the CIT(A)'s decision to delete the addition of commission expenses. 6. The Tribunal referenced a similar case decided by the Jurisdictional High Court, where commission expenses were approved for business purposes. The Tribunal upheld the CIT(A)'s decision based on the evidence presented and the necessity of commission agents in the business operations. 7. Considering the facts, the Tribunal dismissed the Revenue's appeal, affirming the CIT(A)'s decision to delete the disallowance of commission expenses. The Tribunal's decision was in line with the findings of the Jurisdictional High Court and the essential role played by commission agents in the business operations. In conclusion, the Tribunal upheld the CIT(A)'s decision to delete the disallowance of commission expenses, emphasizing the necessity and genuineness of the expenses claimed by the assessee.
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