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2018 (12) TMI 1391 - HC - Income TaxAllowability of commission payment - Genuineness of claim - AO has been asked to re-examine the claim for deduction of alleged commission payments - Held that:- We do not find any justification and reason to review and set aside the direction for remand. However, we are not making any comments and giving detailed reasons on merits to avoid prejudice. Observations of the Tribunal are factual. Tribunal was required to set aside the findings recorded by Commissioner of Income Tax (Appeals) and therefore, certain observations have been made. These observations were only for the decision of the appeal by the Tribunal and are not to be treated as conclusive findings on merits. If the findings were final and conclusive, then no order of remit was necessary. AO has been asked to re-examine the issue of the commission allegedly paid in its entirety on merits. AO would examine the question of genuineness of the commission payment and all aspects relating to allowability of the stated expenditure under Section 37 or Section 28 of the Income Tax Act, 1961. We also clarify that we have not interfered with the direction of the Tribunal regarding production/appearance of the commission agents for verification about rendition of services, production of relevant information and details to prove allowability of commission expenses.
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