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2019 (11) TMI 62 - AT - Income TaxAddition of purchase expenses u/s.40A(3) - payments for purchases are made in cash - Contention of the assessee that provisions of Section 40A(3) of the Act have no application in as much as, the credit balance of the parties were transferred to the partners account and partners in turn settled the claims of the parties in cash - HELD THAT - Since assessee firm has not paid cash, the provisions of Section 40A(3) of the Act have no application. We are afraid this submission of the assessee cannot be accepted for the reasons that undisputedly, the payees had received money in cash and thereby defeating the very purpose of enacting the provisions of Section 40A(3). As in the case of Attar Singh Gurmukh Singh vs. ITO 1991 (8) TMI 5 - SUPREME COURT wherein it was decided that when there is direct payment to the payees in cash, the provisions of Section 40A(3) of the Act are attracted. what is not directly permitted cannot be indirectly permitted. Therefore, we do not find any reason to interfere with the orders of the lower authorities. Thus, ground of appeal No.2 filed by the assessee stands dismissed. Disallowance of commission paid to Balakrishnan Minor (HUF) u/s.40A(2) (b) - there was no proof of rendering any services by the Balakrishnan Minor (HUF) and secondly the services stated to have been rendered only in individual capacity - HELD THAT - It is settled position of law that commission payment cannot be allowed as deduction in the absences of any evidence on record establishing rendition of services. Even before us, no material is shown establishing rendition of actual services by Balakrishnan Minor (HUF) and therefore commission payment cannot be allowed as deduction. Ground No.3 filed by the assessee is also stands dismissed.
Issues Involved:
1. Disallowance of purchase expenses under Section 40A(3) of the Income Tax Act. 2. Disallowance of commission paid under Section 40A(2)(b) of the Income Tax Act. Detailed Analysis: 1. Disallowance of Purchase Expenses under Section 40A(3): The primary issue pertains to the disallowance of purchase expenses amounting to ?28,17,587/- under Section 40A(3) of the Income Tax Act. The Assessing Officer (AO) identified that payments were made in cash by the partners of the assessee firm directly to the suppliers, which contravenes the provisions of Section 40A(3). The assessee contended that the payments were made by partners to resolve disputes with suppliers and that these payments should not attract Section 40A(3) since the firm itself did not make cash payments. However, both the AO and the Commissioner of Income Tax (Appeals) [CIT(A)] rejected this argument, emphasizing that the ultimate recipients received cash, thus defeating the purpose of Section 40A(3). The Tribunal upheld the lower authorities' decision, citing the Supreme Court's ruling in Attar Singh Gurmukh Singh vs. ITO, which mandates that direct cash payments to payees attract Section 40A(3). The Tribunal concluded that the provisions of Section 40A(3) are applicable as the payments were made in cash, thus dismissing the assessee's appeal on this ground. 2. Disallowance of Commission Paid under Section 40A(2)(b): The second issue involves the disallowance of a ?2,00,000/- commission paid to Balakrishnan Minor (HUF) under Section 40A(2)(b). The AO disallowed this payment on two grounds: the lack of evidence for services rendered and the services being rendered in an individual capacity rather than by the HUF. The CIT(A) confirmed the disallowance due to the absence of proof of services rendered. The assessee argued that the AO did not establish the fair market value of the services rendered. The Tribunal reiterated that for commission payments to be deductible, there must be concrete evidence of actual services rendered. It referenced multiple judicial precedents, including the Supreme Court's decision in Laxmi Narayan Madanlal vs. CIT and the Bangalore Tribunal's decision in M/s. 3M India Ltd. vs. Asst. CIT, which emphasize the necessity of proving the rendition of services for commission payments to be allowable. In the absence of any evidence demonstrating the actual services rendered by Balakrishnan Minor (HUF), the Tribunal upheld the disallowance, dismissing the assessee's appeal on this ground as well. Conclusion: The appeal filed by the assessee was dismissed in its entirety. The Tribunal upheld the disallowance of purchase expenses under Section 40A(3) and the disallowance of commission paid under Section 40A(2)(b), affirming the decisions of the lower authorities. The judgment emphasized the importance of adhering to the statutory provisions and the necessity of providing substantial evidence to support claims for deductions.
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