1984 (10) TMI 58 - AT - Income Tax

Tribunal overturns CIT(A) decision, allows commission payment and service charge deduction

The Tribunal allowed the appeal, overturning the CIT(A)'s decision to disallow a commission payment for financial loan and a portion of service charges. ... - Issues:1. Disallowance of commission for financial loan2. Disallowance of full claim of service chargesAnalysis:Issue 1: Disallowance of Commission for Financial LoanThe appeal was against the CIT(A)'s order disallowing a commission payment of Rs. 11,893 as capital expenditure. The ITO disallowed the sum based on the previous assessment decision. The CIT(A) confirmed the disallowance, stating that no services were rendered due to no fresh deposit from the agency. The Tribunal, however, found no justification for disallowance, noting that such payments are common in the commercial world to incentivize brokers for renewing deposits. The Tribunal allowed the claim, emphasizing that the payment was genuine.Issue 2: Disallowance of Full Claim of Service ChargesRegarding the claim of Rs. 1,22,615 for service charges, the ITO disallowed a portion based on lack of provision in earlier years. The CIT(A) directed to allow 1/3rd of the amount. The Tribunal upheld the claim, stating that the liability accrued in the current year, rejecting the argument that the liability might have arisen later. It noted the provision made by the assessee in 1979, indicating the liability. The Tribunal emphasized that the payment was reasonable and allowed the deduction for the portion related to the current year. The Tribunal criticized the Revenue authorities for not granting the deduction under Section 154, despite the genuine nature of the payment and the services provided.In conclusion, the Tribunal set aside the CIT(A)'s order on both grounds, directing the ITO to allow the deductions as claimed and modify the assessment accordingly for the firm and partners. The appeal was allowed in favor of the assessee.