2020 (1) TMI 829 - HC - Income Tax

Addition on account of commission expense - deduction allowable u/s.37 - whether arrangement between the appellant and the commission agents is such that the commission agents are to provide details of potential customers as well as solicit the orders ? - ITAT deleted the addition - HELD THAT - The appellate tribunal took the view that the CIT (Appeals) ought not to have confirmed the disallowance only on the ground that the only service rendered by the commission agents was that of introducing the potential customers to the assessee, which would not fall within the ambit of Service so as to make the claim of commission eligible for deduction under Section 37 of the Act. The tribunal takes the view that the commission paid to the persons for referring the names of the customers, is allowable under Section 37 of the Act for the purpose of introducing potential customers to the assessee and the same would fall within the ambit of Service . We are in agreement with the view taken by the appellate tribunal as regards the deduction available under Section 37 of the Act. We are of the view that the proposed question cannot be termed as a substantial question of law.

Summary

Issues involved:
Tax appeal under Section 260A of the Income Tax Act, 1961 challenging the order passed by the Income Tax Appellate Tribunal regarding the addition of commission expense.

Analysis:
1. The primary issue in this case was whether the commission expense of ?20,08,977 should be added back to the appellant's income. The CIT (Appeals) considered the facts and submissions, noting that while there was no formal written agreement with the commission agents, the appellant had provided necessary details like PAN and names. The Assessing Officer's argument that lack of response from the agents implied non-rendering of services was dismissed. The CIT (Appeals) held that the mere introduction of potential customers did not constitute a service eligible for deduction under Section 37 of the Act, thus sustaining the addition.

2. The appellate tribunal, however, overturned the CIT (Appeals) decision, stating that paying commission for referring customers falls within the ambit of service and is allowable under Section 37 of the Act. The tribunal emphasized that introducing potential customers qualifies as a service, contrary to the CIT (Appeals) finding. Consequently, the tribunal deleted the addition and allowed the appeal.

3. The High Court concurred with the appellate tribunal's interpretation, affirming that the commission paid for introducing potential customers constitutes a service eligible for deduction under Section 37 of the Act. The court found no substantial question of law in the proposed issue, leading to the dismissal of the appeal.

In conclusion, the judgment upheld the deductibility of the commission expense under Section 37 of the Income Tax Act, emphasizing that paying commission for introducing potential customers qualifies as a service and is allowable. The decision highlights the importance of considering the nature of services rendered when determining the eligibility of expenses for deduction under the Act.