Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2015 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (12) TMI 104 - ITAT KOLKATAAddition on account of commission on sale - deduction of TDS - Held that:- When the payments are made through account payee cheques and also furnished PAN of recipients commission, the same could have been verified by the AO from the assessment records of the respective recipients. Further, this commission is subject to TDS and assessee has either deducted TDS or furnished certificate issued u/s. 197(1) of the Act by the ITO, TDS in favour of the commission agents for lower deduction or nil deduction of TDS. The assessee has also filed complete particulars of commission recipients i.e. names and addresses along with confirmations. The complete sale bills and commission bills mentioning the nature of services rendered by these parties are filed and the services rendered includes enquiry for orders, translating enquiry in to orders, arrangement of supplies, collection for payment and also collection for statutory forms i.e. sales tax, excise duty etc. In terms of the above facts and circumstances, we are of the considered view that the CIT(A) has erred in confirming the addition made by AO and accordingly, we delete the disallowance of commission paid to above mentioned parties. Decided in favour of assessee.
|