Tribunal rules in favor of Assessee, partially allowing appeal on disallowance of expenses.

M/s. Ranadey Micronutrients Pvt. Ltd. Versus ACIT, Circle-6, Pune And DCIT, Circle-5, Pune Versus M/s. Ranadey Micronutrients Pvt. Ltd.,

M/s. Ranadey Micronutrients Pvt. Ltd. Versus ACIT, Circle-6, Pune And DCIT, Circle-5, Pune Versus M/s. Ranadey Micronutrients Pvt. Ltd., - TMI Issues:
Cross appeals filed by Assessee and Revenue against CIT(A) order for A.Y. 2010-11.

Analysis:
1. Disallowance of Commission and Disallowance u/s.14A:
- Assessee, a private company in fertilizer business, filed return declaring income of Rs. 1,16,41,403.
- AO made additions including Rs. 27,79,911 for disallowance u/s.14A and Rs. 41,33,000 for commission u/s.40A(2)(b)(iv) r.w.s. 36(1)(ii).
- AO strictly followed Rule 8D(2) for disallowance.
- CIT(A) upheld disallowance of Rs. 27,79,911 but allowed commission claim based on board resolution and tax payment by recipients.
- Revenue appealed against relief granted by CIT(A) on commission payment.

2. Revenue Appeal - Commission Payment Issue:
- Revenue contended that abnormal increase in commission payments compared to preceding year was unjustified.
- AO disallowed Rs. 4,130 of the total commission paid.
- CIT(A) dismissed AO's conclusions, citing active involvement of directors and proportionate services rendered.
- CIT(A) held that tax paid by recipients at highest rate justified the commission payments.
- Tribunal upheld CIT(A)'s decision, dismissing Revenue's appeal.

3. Assessee Appeal - Disallowance u/s.14A:
- Assessee claimed exempt income of Rs. 17,78,000 and disallowed Rs. 84,967 u/s.14A.
- AO disallowed Rs. 27,29,202 citing mixed finances and made additions.
- CIT(A) confirmed AO's decision based on proximity to exempt income.
- Assessee appealed against CIT(A)'s order.

4. Assessee Appeal - Disallowance u/s.14A Analysis:
- Assessee argued disallowance exceeding exempt income was legally unsustainable.
- Assessee had interest-free funds adequate for investments.
- Tribunal reversed CIT(A)'s decision, deleting disallowance of Rs. 27,29,202.
- Partially allowed disallowance of Rs. 50,909 under section 36(1)(iii) read with Rule 8D(2).

In conclusion, the Tribunal dismissed Revenue's appeal on commission payment issue and partly allowed Assessee's appeal by deleting disallowance of Rs. 27,29,202 u/s.14A and partly confirming disallowance of Rs. 50,909. The judgment was pronounced on October 18, 2017.