2018 (7) TMI 2288 - AT - Income Tax

Disallowance of commission expenditure claimed by the assessee for sales - As pleaded by the assessee before the lower authorities that the actual buyers of the products of the assessee are farmers and the representatives of the assessee travel to various villages and contact the buyers i.e. the farmers to create demand, advertise the products of the assessee, complete the formalities and follow up the payment - HELD THAT - As decided in 2016 (1) TMI 1490 - ITAT INDORE all the payments have been made as commission to various parties by demand drafts, wherein the identity of each of the agents was also established. It has also been found that the commission was paid exclusively for business purposes only. Accordingly dismiss ground nos. 1 and 2 raised by the revenue. Disallowance u/s 14A - interest expenses incurred for investment in subsidiaries and administrative expenses - HELD THAT - We are of the considered view that no interest disallowance was called for u/s 14A of the Act as the assessee had sufficient interest free funds in the shape of share capital to cover up the investment in equity shares and accordingly are not inclined to make any interference in the findings of the learned Commissioner of Income Tax (Appeals) - Decided against revenue.

Summary

Issues:
1. Deletion of addition for sales commission expenses
2. Deletion of disallowance under section 14A for interest expenses

Deletion of addition for sales commission expenses:
The appeal pertains to the assessment years 2012-13, challenging the deletion of an addition of Rs. 1,64,60,197/- made on account of sales commission expenses under section 37 of the Income Tax Act. The Tribunal found that the revenue was aggrieved with the deletion of disallowance claimed by the assessee for sales made during the year. It was noted that 80% of total sales were through Government nodal agencies, and the assessee's representatives played a crucial role in contacting buyers, creating demand, and completing formalities. The Tribunal referred to a previous decision where detailed evidence was submitted by the assessee, and the AO failed to examine or cross-examine these evidences. The Tribunal upheld the decision of the Commissioner of Income Tax (Appeals) and dismissed the revenue's appeal against the deletion of the addition.

Deletion of disallowance under section 14A for interest expenses:
The second issue revolved around the deletion of disallowance made under section 14A of the Act in respect of interest expenses incurred for investments in subsidiaries and administrative expenses. The Assessing Officer disallowed Rs. 8,28,518/- under section 14A, which was scaled down by the Commissioner of Income Tax (Appeals) to Rs. 1,21,144/-. The Tribunal observed that the Assessing Officer failed to prove that interest-bearing funds were used for making investments in equity shares. Citing the judgment of the Hon'ble Bombay High Court, the Tribunal concluded that no disallowance under section 14A was warranted as the assessee had sufficient interest-free funds to cover the investments in equity shares. The Tribunal upheld the decision of the Commissioner of Income Tax (Appeals) and dismissed the revenue's appeal against the deletion of the disallowance.

In both issues, the Tribunal relied on previous judgments and the decisions of higher courts to support its findings. The appeal of the revenue was ultimately dismissed, and the decisions of the lower authorities were upheld.