2013 (5) TMI 954 - AT - Income Tax

Successful appeal on interest and commission disallowance under IT Act for AY 2007-08 (2)(b)

The appeal against the order of CIT(A) under the IT Act for the assessment year 2007-08, involving the disallowance of interest and commission under ... - Issues involved: Appeal against order of CIT(A) under IT Act for assessment year 2007-08, disallowance of interest and commission under section 40A(2)(b) of the Act.Issue 1 - Disallowance of Interest under section 40A(2)(b) of the Act:The assessee, a firm/trust in the business of trading, filed its return for 2007-08 declaring income. During scrutiny, the AO disallowed interest expense of Rs. 11,03,2017 paid to related parties under section 40A(2)(b). CIT(A) upheld this disallowance citing excessive payment beyond market rate of 12% per annum. However, the Tribunal's decision for 2008-09 on a similar issue favored the assessee, stating the commission was legitimately paid for business purposes. The Tribunal found the interest rate of 15.5% paid by the assessee to related parties reasonable, considering private financiers' practices. Consequently, the addition of Rs. 11,03,207 was directed to be deleted.Issue 2 - Disallowance of Commission under section 40A(2)(b) of the Act:The AO also disallowed sales commission of Rs. 6,00,000 paid to related parties under section 40A(2)(b). CIT(A) confirmed this disallowance due to lack of evidence for services rendered. However, the Tribunal's decision for 2008-09 favored the assessee, allowing the commission payment as legitimate business expenditure. Relying on this decision, the Tribunal held in favor of the assessee for 2007-08 as well, directing the AO to delete the addition of Rs. 6,00,000. In conclusion, the appeal of the assessee was allowed, and the additions of both interest and commission disallowances were directed to be deleted.