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ITAT partly allowed the assessee's appeal. It deleted the disallowance of sales commission paid to certain female agents, holding the AO and CIT(A) had proceeded on assumptions without examining their qualifications, association with the company, and long-standing involvement, and noting that in subsequent years 90% of such commission was allowed on identical facts. ITAT upheld disallowance of the gratuity provision, treating it as a mere provision for gratuity not paid into an approved gratuity fund and therefore not deductible. ITAT also deleted the interest disallowance on advances to a director, finding the assessee possessed sufficient interest-free funds, precluding any notional interest disallowance.
ITAT partly allowed the assessee's appeal. It deleted the disallowance of sales commission paid to certain female agents, holding the AO and CIT(A) had proceeded on assumptions without examining their qualifications, association with the company, and long-standing involvement, and noting that in subsequent years 90% of such commission was allowed on identical facts. ITAT upheld disallowance of the gratuity provision, treating it as a mere provision for gratuity not paid into an approved gratuity fund and therefore not deductible. ITAT also deleted the interest disallowance on advances to a director, finding the assessee possessed sufficient interest-free funds, precluding any notional interest disallowance.
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