2009 (6) TMI 25 - HC - Income Tax

Deduction under section 37 - additional commission - when the CIT appeals is equally empowered as that of the Assessing Authority to be satisfied as regards the documentary evidence, in support of any claim made by the assessee and such exercise has been done by the CIT appeals, who rendered the finding based on the relevant documents placed before him, the ultimate conclusion of the said authority and the confirmation of the same by the Tribunal cannot be found fault with - additional commission paid is allowed as deduction.

Summary

Issues:
1. Addition of payments to third parties contrary to the terms of agreement with the agent.
2. Treatment of payments made to third parties at the request of the agent as business expenditure.

Analysis:

Issue 1:
The appellant, a manufacturer of textile machine tools, disputed the addition of additional commission paid to an accredited agent, M/s. Texind Corporation, during the assessment year 1991-92. The Assessing Authority disallowed the additional commission, citing lack of evidence regarding the nature of services rendered by third parties and absence of provisions for such payments in the agreement with Texind Corporation. However, the Chartered Accountant of the assessee provided detailed particulars supporting the additional commission claim to the CIT appeals. The CIT appeals accepted the explanation and evidence presented, leading to the deletion of the disallowed sum. The Tribunal upheld the CIT appeal's decision based on the comprehensive details furnished, including specific invoices, machinery sold, customer names, commission amounts, and payment details.

Issue 2:
The Tribunal's decision was further supported by the legal principle outlined in the case of CIT v. SAPTHAGIRI TRADERS LTD., emphasizing that for a deduction under Section 37 of the Income Tax Act, expenditure must be incurred wholly and exclusively for business purposes and not be capital in nature. The Division Bench's satisfaction with the evidence presented to establish the business purpose of the expenditure was crucial in upholding the CIT appeal's decision. Additionally, the judgment distinguished the case from SAWHNEY RUBBER INDUSTRIES v. COMMISSIONER OF INCOME TAX, highlighting the need for case-specific assessments rather than general application of precedents. Consequently, the appeal was dismissed, and the questions of law were answered against the Revenue, affirming the validity of the additional commission payment as a legitimate business expenditure.

This detailed analysis of the judgment showcases the thorough consideration given to the evidence presented, legal principles applied, and the ultimate dismissal of the Revenue's appeal in favor of the assessee.