2017 (1) TMI 814 - AT - Income Tax

Deduction of sales commission - Held that - It is not in dispute that the sales were made in earlier years though the commission has been paid during the year under consideration. A perusal of the commission statement marked as exhibit 85 in the paper book shows that the sale considerations have been realized during the year under consideration. Therefore, we find force in the contention of the assessee that as per the agreements with the agents which are also part of the paper book, the agents are entitled for sales commission only when the assessee has realized the sale considerations. We also do not find any merit in the observations of the lower authorities that since the Tribunal in the first round of litigation has restored this issue to the files for verification of the claim, the assessee is not entitled to adduce evidences in support of its renewed/fresh claim of the same disputed sales commission. The Tribunal has directed to verify the claim of the assessee afresh. Therefore, the claim of the assessee has to be considered in the light of the agreements with the sale commission agents. Thus the assessee is entitled for the deduction of sales commission during the year under consideration. We accordingly direct the A.O. to allow the claim in respect of commission expenses. Disallowance on account of deduction u/s. 80HHC on interest on bank fixed deposits - Held that - The Hon ble Supreme Court in the Case of ACG Associated Capsules Pvt. Ltd. 2012 (2) TMI 101 - SUPREME COURT OF INDIA we direct the A.O. to re-compute the deduction u/s. 80HHC of the act after netting off of the impugned interest. Deduction u/s. 80HHC on exchange rate difference allowed

Issues Involved:
1. Addition of ?1,36,59,714/- in respect of commission expenses.
2. Disallowance of deduction under section 80HHC on interest on bank fixed deposits.
3. Levy of interest under sections 234A, 234B, 234C, and 234D of the Income Tax Act.
4. Initiation of penalty under section 271(1)(c) of the Income Tax Act.
5. Deduction under section 80HHC on exchange rate difference of ?2,25,67,392/-.

Issue-wise Detailed Analysis:

1. Addition of ?1,36,59,714/- in Respect of Commission Expenses:
The first grievance of the assessee pertains to the addition of ?1,36,59,714/- regarding commission expenses. This issue had previously been remanded to the Assessing Officer (A.O.) for verification. The assessee argued that the commission was not debited in the year of export sales due to ongoing disputes with the commission agents, and thus the liability crystallized in the year under consideration. The A.O. dismissed the claim due to lack of documentary evidence proving the dispute. The first Appellate Authority upheld this view, stating that the assessee failed to provide evidence of the dispute during both assessment and appellate proceedings. The Tribunal, however, found merit in the assessee's contention that the commission should be allowed in the year of realization of sale considerations, as per agreements with the agents. Consequently, the Tribunal directed the A.O. to allow the claim of ?1,36,59,714/- for commission expenses.

2. Disallowance of Deduction under Section 80HHC on Interest on Bank Fixed Deposits:
The assessee claimed that the interest earned on bank fixed deposits should be netted off with interest paid for determining the deduction under section 80HHC. Both the A.O. and the First Appellate Authority denied this plea. The Tribunal referenced the Supreme Court's ruling in ACG Associated Capsules Pvt. Ltd., which stated that only ninety percent of the net amount of interest receipts included in the profits should be deducted. Following this precedent, the Tribunal directed the A.O. to recompute the deduction under section 80HHC after netting off the interest.

3. Levy of Interest under Sections 234A, 234B, 234C, and 234D:
The Tribunal noted that the levy of interest under sections 234A, 234B, 234C, and 234D is mandatory and consequential. The A.O. was directed to charge interest as per the provisions of the law.

4. Initiation of Penalty under Section 271(1)(c):
The assessee's grievance regarding the initiation of penalty under section 271(1)(c) was deemed premature by the Tribunal and was accordingly dismissed.

5. Deduction under Section 80HHC on Exchange Rate Difference of ?2,25,67,392/-:
The revenue's appeal concerned the allowance of deduction under section 80HHC on the exchange rate difference. The Tribunal had previously directed the A.O. to follow the Gujarat High Court's ruling in Amba Impex. The A.O. denied the claim due to lack of evidence of fulfilling section 80HHC conditions. The First Appellate Authority, however, allowed the deduction, referencing the Tribunal's earlier decision in the assessee's case for A.Y. 2001-02 and the Gujarat High Court's ruling. The Tribunal upheld the First Appellate Authority's decision, allowing the deduction under section 80HHC on the exchange rate difference.

Conclusion:
The Tribunal allowed the assessee's appeal regarding the commission expenses and deduction under section 80HHC on interest after netting off. The revenue's appeal concerning the exchange rate difference deduction was dismissed. The levy of interest under sections 234A, 234B, 234C, and 234D was upheld as mandatory, and the initiation of penalty under section 271(1)(c) was dismissed as premature.

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