2015 (10) TMI 2114 - AT - Income Tax

Assessee's appeal partly allowed, remitting commission payments for further examination, disallowance under section 40A(3) upheld.

Shri Deepak Damji Poldiya Versus Deputy Commissioner of Income Tax

The Tribunal partly allowed the assessee's appeal for statistical purposes, remitting the disallowance of commission payments and unexplained cash credits ... Disallowance of Commission - stand of the assessee is that in the earlier assessment years i.e. assessment years 2006-07, 2007-08 and 2008-09 the payment of commission has been allowed in scrutiny assessment proceedings - Held that:- The Commissioner of Income Tax (Appeals) in his order has given a finding that the assessee has inflated its brokerage expenses by paying commission to his sons. There is no evidence on record of rendering extra services by sons/nephew in sale of cotton bales to justify receipts of commission. The sale/purchase of cotton bales is effected through Adatiya to whom a reasonable commission/brokerage is given. In the interest of justice, we deem it appropriate to remit this issue back to the Assessing Officer for fresh adjudication. The assessee shall furnish documentary evidence in support of the contentions. - Decided in favor of assessee for statistical purposes. Disallowance u/s. 68 - Held that:- The assessee had shown credit balances in respect of certain persons/farmers from whom the assessee has allegedly purchased raw cotton. During the course of assessment proceedings the assessee was directed to produce the said creditors. However, none of the persons (alleged creditors) appeared before the Assessing Officer. The assessee filed confirmation letters without any corroborative evidence. Before the Tribunal, the assessee has placed on record photocopies of the transaction receipts to show that the assessee had dealt with the aforestated persons. In view of the additional documents placed on record, we deem it appropriate to send the file back to the Assessing Officer for verification of same.- Decided in favor of assessee for statistical purposes. Addition u/s. 40A(3) - making payments in excess of ₹ 20,000/- by bearer cheques - Held that:- The Commissioner of Income Tax (Appeals) in the impugned order has given a specific finding that the examination of the cheques revealed that the assessee’s sons Nirav Deepak Poldiya has signed on the back side of the cheque suggesting that he received the cash payments. The ld. AR has not been able to controvert this finding of the Commissioner of Income Tax (Appeals). The ld. AR of the assessee has not been able to show as to how the payment made to the persons named in the assessment order as well as the order of Commissioner of Income Tax (Appeals) to whom the alleged payments are made are covered under the exceptions given in Rule 6DD of the Income Tax Rules, 1961. We do not find any infirmity in the findings of the Commissioner of Income Tax (Appeals) in confirming the disallowance u/s. 40A(3) of the Act. - Decided against assessee. Issues:1. Disallowance of Commission2. Disallowance u/s. 683. Disallowance u/s. 40A(3)Issue 1: Disallowance of CommissionThe assessee appealed against the order of the Commissioner of Income Tax (Appeals) regarding the disallowance of commission payments made to related persons. The Assessing Officer disallowed the payments as no details of services rendered were provided. The Tribunal remitted the issue back to the Assessing Officer for fresh adjudication, directing the assessee to furnish documentary evidence to justify the commission payments. The Tribunal allowed this ground of appeal for statistical purposes.Issue 2: Disallowance u/s. 68The second ground of appeal concerned the disallowance of unexplained cash credits under section 68. The assessee had credit balances with certain persons from whom raw cotton was allegedly purchased, but they did not appear before the Assessing Officer. The Tribunal directed the file to be sent back to the Assessing Officer for verification based on additional documents provided by the assessee. If the creditors were produced and found genuine, relief would be granted to the assessee. This ground of appeal was allowed for statistical purposes.Issue 3: Disallowance u/s. 40A(3)The third ground of appeal related to the disallowance of payments made under section 40A(3) for purchasing raw cotton. The Commissioner of Income Tax (Appeals) confirmed the disallowance, noting that the son of the assessee received cash payments against bearer cheques. The Tribunal upheld this decision, stating that the assessee failed to show how the payments fell under the exceptions in the Income Tax Rules. Consequently, this ground of appeal was dismissed.In conclusion, the Tribunal partly allowed the assessee's appeal for statistical purposes, remitting the first two issues back to the Assessing Officer for further examination while dismissing the third issue concerning disallowance under section 40A(3).