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of <h1>Tribunal overturns disallowance of bonus and commission payments, ruling in favor of assessee</h1> <h3>M/s. Hamilton & Co. Ltd. Versus DCIT, Circle-11 (1), Kolkata</h3> M/s. Hamilton & Co. Ltd. Versus DCIT, Circle-11 (1), Kolkata - TMI Issues:Disallowance of bonus and commission under section 36(1)(ii) of the Income Tax Act, 1961.Analysis:The appeal was against the order of the ld. Commissioner of Income Tax (Appeals) regarding the disallowance made under section 36(1)(ii) of the Income Tax Act, 1961. The appellant contested the disallowance of Rs. 8,32,197 as bonus and commission paid to directors, arguing that the payments were within the permissible limits under Company law and were linked to specific efforts. The CIT(A) confirmed the disallowance, stating that the payments were not linked to specific efforts and without proper evidence.Upon review, the Tribunal examined section 36(1)(ii) of the Act, which pertains to sums paid to employees as bonus or commission for services rendered. The payments in question were made to directors of the company as per agreements for bonus and commission, which were provided to the Revenue and were within legal limits. The Tribunal disagreed with the CIT(A)'s reasoning that the agreements were generally worded, emphasizing that agreements should be interpreted based on the intentions of both parties. The Tribunal concluded that section 36(1)(ii) did not apply in this case and allowed the grounds of the assessee.In the final decision, the Tribunal allowed the appeal of the assessee, overturning the disallowance of bonus and commission under section 36(1)(ii) of the Income Tax Act, 1961.
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