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Adhoc 30% disallowance of referral commissions set aside; payments treated as sales promotion, not insurance commissions under s.194D; s.40(a)(ia) relief
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The ITAT allowed the appeal, holding the assessing officer's adhoc 30% disallowance of referral commissions unsustainable for lack of evidentiary basis and rational nexus; documentary evidence and statutory summons responses established payment to 14 individuals. Further, the Tribunal held payments constituted sales promotion/referral expenses and were not insurance commissions within section 194D, as the payees were not insurer-appointed agents and no principal-agent relationship with insurers existed. At most the payments could fall under sections 194H or 194C, but deduction obligations did not arise given the payer's status and receipts below statutory thresholds. Consequently, disallowances under section 40(a)(ia) were set aside.
The ITAT allowed the appeal, holding the assessing officer's adhoc 30% disallowance of referral commissions unsustainable for lack of evidentiary basis and rational nexus; documentary evidence and statutory summons responses established payment to 14 individuals. Further, the Tribunal held payments constituted sales promotion/referral expenses and were not insurance commissions within section 194D, as the payees were not insurer-appointed agents and no principal-agent relationship with insurers existed. At most the payments could fall under sections 194H or 194C, but deduction obligations did not arise given the payer's status and receipts below statutory thresholds. Consequently, disallowances under section 40(a)(ia) were set aside.
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