1986 (3) TMI 27 - HC - Income Tax

Court denies commission payment deductions for lack of evidence, emphasizing importance of proof in tax assessments.

The High Court ruled against the assessee for Assessment Years 1972-73 and 1973-74, denying the claimed commission payment deductions due to lack of ... Assessment Proceedings, Income From Undisclosed Sources Issues Involved: Assessment of business expenditure claimed by a partnership firm for commission paid to an individual for supplying coins in exchange for currency notes.Assessment Year 1972-73: The Income-tax Officer disallowed the claimed commission payment based on the individual's denial of receipt, supported by his unchallenged statement. The Appellate Assistant Commissioner partially allowed the deduction, but the Tribunal fully allowed it, presuming receipt based on admitted signatures. The High Court held that the Tribunal's approach was flawed, emphasizing that rules of evidence do not strictly apply in tax assessments. Since the individual's statement was unchallenged and no other evidence proved the payment, the deduction was disallowed. The High Court ruled against the assessee, emphasizing the lack of evidence to support the claimed commission payment.Assessment Year 1973-74: Similar to the previous year, the Tribunal allowed the deduction based on the individual's admitted signatures. However, the High Court reiterated that without proper evidence of payment, the deduction cannot be allowed. As the assessee failed to establish the commission payment, the High Court ruled in favor of the Revenue, denying the deduction. The High Court emphasized the importance of substantiating claims with evidence in tax assessments.Conclusion: The High Court answered the questions referred in both assessment years against the assessee, highlighting the necessity of providing concrete evidence to support claimed deductions. The judgment underscores the significance of adhering to legal principles and evidentiary requirements in tax assessments.