2009 (10) TMI 452 - HC - Income Tax

Business Expenditure- The assessee-company is part of a group engaged in manufacture and export of spices, spices powder, curry powder, etc., under the common brand name Eastern . Export is done by the proprietorship concern of the managing director which is located at Okkal in Ernakulam Dist. whereas the assessee s manufacturing and packing unit is at Adimaly in Idukki Dist. Normal commission paid by the assessee for marketing its products is 5 per cent. However, for the sales effected to the proprietorship concern of the managing director the assessee paid higher discount of 10 per cent. which is double the normal rate. The Assessing Officer noticed that the purpose is to evade payment of tax in respect of 5 per cent. Assessing Officer disallow the 5 percent discount, which was confirmed in first appeal. However Tribunal allow the appeal. Held that- the Tribunal assumed certain facts which was contrary to the facts found by Assessing Officer. Thus remand back the matter.

Summary

Issues:
1. Disallowance of excess discount given by the assessee to its managing director towards sales commission.
2. Disallowance of small items of expenditure like vehicle expenditure, advertisement charges.

Analysis:
1. The main issue in this case revolves around the disallowance of excess discount given by the assessee to its managing director towards sales commission. The assessee, a company engaged in the manufacture and export of spices, paid a higher discount of 10% to the managing director's proprietorship concern for sales, which was double the normal commission rate of 5%. The Assessing Officer disallowed 5% of the discount, suspecting tax evasion due to the managing director's concern being entitled to tax deduction under section 80HHC of the Income-tax Act, 1961. The Tribunal, however, allowed the appeal, assuming that the additional discount was justified by packing costs incurred by the managing director. The High Court observed that the Tribunal failed to consider crucial findings by the Assessing Officer, such as the timing of machinery purchase for packing and the immediate export of goods received from the assessee. The Court allowed the appeals, setting aside the Tribunal's order, and remanded the assessments to the Assessing Officer for the assessee to prove the legitimacy of the additional discount through evidence of bulk sales and packing activities by the managing director.

2. The secondary issue of disallowance of small items of expenditure like vehicle expenditure and advertisement charges was deemed not to give rise to any substantial question of law by the High Court. Consequently, the Court declined to entertain the appeals on these minor issues. Overall, the appeals were allowed in part, focusing on the primary issue of excess discount disallowance towards sales commission, while dismissing the challenges related to small expenditure disallowances.