2009 (7) TMI 1006 - HC - Income Tax

Whether the hon ble Income-tax Appellate Tribunal has erred in law in confirming the order of the Commissioner of Income-tax (Appeals), vide which the disallowance of Rs. 4,35,000 made by the Assessing Officer on account of commission paid to the managing director and the executives, was deleted? - Revenue s appeal dismissed.

Summary

Issues:
- Condonation of delay in filing the appeal under section 260A of the Income-tax Act, 1961.
- Disallowance of deduction on account of commission paid to managing director and executives.
- Disallowance of expenditure out of staff welfare expenses.

Condonation of Delay:
The judgment begins with the court issuing notice on the condonation of delay in filing the appeal. The delay is condoned, and the case is heard on its merits.

Disallowance of Deduction - Commission Paid:
The appeal was filed by the Revenue against the order of the Income-tax Appellate Tribunal, which confirmed the deletion of the disallowance of Rs. 4,35,000 made by the Assessing Officer on account of commission paid to the managing director and executives. The Commissioner of Income-tax (Appeals) and the Tribunal upheld the claim of the assessee, citing that the disallowance was not justified.

Disallowance of Expenditure - Staff Welfare Expenses:
Another issue raised was the disallowance of Rs. 11,17,288 made by the Assessing Officer on staff welfare expenses, which were deemed non-verifiable and personal in nature. However, the Commissioner of Income-tax (Appeals) and the Tribunal also ruled in favor of the assessee, following their earlier order in the case. The court noted that the concept of business expediency, as per the Supreme Court's judgment in Shahzada Nand and Sons v. CIT [1977] 108 ITR 358, required a liberal approach in allowing expenses for the welfare of employees. Consequently, the court found that the proposed questions were not substantial questions of law and dismissed the appeal.

In conclusion, the High Court dismissed the appeal filed by the Revenue, as it found no substantial questions of law in the issues raised regarding the disallowance of deductions on commission paid to the managing director and executives, as well as the staff welfare expenses. The court's decision was based on the principles of business expediency and the liberal approach required in considering expenses for the welfare of employees.