1993 (2) TMI 123 - AT - Income Tax

Summary

Issues:
1. Disallowance of secret commission claimed by the assessee.
2. Disallowance of conveyance expenses and depreciation on vehicles.

Analysis:

Issue 1: Disallowance of Secret Commission
The assessee, a partnership firm in the business of trading dyes and chemicals, claimed secret commission payments as business expenses. The Assessing Officer disallowed the claim due to lack of evidence and excessive amount. The first appellate authority upheld the disallowance, stating lack of correlation with sales transactions and non-supportive evidence. The Tribunal noted the competitive market nature, where the assessee paid secret commission to promote sales. Citing various judgments, the assessee argued for the allowance of secret commission as a legitimate business expense. The Tribunal found the claim partially proved and allowed 50% of the total secret commission claimed.

Issue 2: Disallowance of Conveyance Expenses and Depreciation on Vehicles
The assessee contested the disallowance of conveyance expenses and depreciation on vehicles for personal use. The authorized representative argued that vehicles were solely used for business purposes, and depreciation should be allowed even for partial-year usage. However, the Tribunal rejected these arguments, stating inability to appreciate the reasoning in a cited case. Consequently, the appeal on this ground was rejected.

In conclusion, the Tribunal partially allowed the appeal regarding the disallowance of secret commission but rejected the appeal concerning conveyance expenses and depreciation on vehicles.