1990 (9) TMI 52 - HC - Income Tax

High Court affirms Tribunal's ruling allowing secret commission deduction under Income-tax Act

The High Court of Bombay upheld the decision of the Income-tax Appellate Tribunal to allow a secret commission as a deduction under section 37(1) of the ... Business Expenditure, Secret Commission Issues Involved: Application u/s 256(2) of the Income-tax Act, 1961 regarding the allowability of secret commission as a deduction u/s 37(1) of the Act for the assessment year 1979-80.Judgment Details:The High Court of Bombay considered an application by the Department u/s 256(2) of the Income-tax Act, 1961, questioning the allowability of a secret commission amounting to Rs. 1,41,346 as a deduction u/s 37(1) of the Act. The Income-tax Appellate Tribunal had ruled in favor of allowing the secret commission, citing a previous Special Bench decision. The respondent-assessee had provided detailed records and vouchers regarding the secret commission payments, showing a correlation between the commission paid and the business transactions conducted. The Tribunal noted that revealing the names of the parties receiving the payments would harm the assessee's business. The Court referred to a previous judgment in CIT v. Goodlass Nerolac Paints Ltd. and agreed with the Tribunal's conclusion based on factual findings supported by evidence.The Court found that the Tribunal's decision was in line with established principles and supported by substantial evidence presented by the assessee. The judgment in CIT v. Goodlass Nerolac Paints Ltd. was deemed applicable to the present case, confirming the allowability of the secret commission as a deduction u/s 37(1) of the Income-tax Act, 1961 for the assessment year 1979-80. The Rule was discharged with no costs imposed.