Commission paid to director is allowable business expenditure ...
Director's Commission Allowed as Business Expense Under Sec 36(1)(ii); Weighted Deduction Claim Approved Under Sec 35(2AB.
July 31, 2024
Case Laws Income Tax AT
Commission paid to director is allowable business expenditure u/s 36(1)(ii) as assessee provided substantial evidence demonstrating services rendered and resultant benefits; AO failed to prove payment was made to avoid DDT. Weighted deduction claim u/s 35(2AB) allowed in full; AO cannot solely rely on DSIR report without considering assessee's books of accounts and chartered accountant's certification. Principles of natural justice require providing reasons for reducing claim and opportunity to respond.
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