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2020 (1) TMI 76 - ITAT DELHIDisallowance of commission expenses - commission was found to be excessive and the genuineness of the same was doubted - HELD THAT:- As before us no evidence were lead to show that the directors of the company Mr. Pankaj Jain and Mrs. Vaishali Jain are capable of obtaining such a huge orders of export of maize for assessee. Their biodata or their credentials were also not shown that they have any experience in the commodity market. There is no confirmation from the importers of the Bangladesh to show that the assessee engaged the above broker for export of maize. The assessee did not produce on its own when the renditions of the services are in doubt. The directors of the broker company to establish that they know the importers in Bangladesh or they have an experience of commodity market. Coming to the ledger account of the above broker it is apparent that the bills of Vidhyashree Buildcon were booked in the month of March when the export has taken place earlier. Though, the payment may be at the convenience of the parties or at the time of availability of funds but the booking the bills after substantial delay proves that these expenditure are not genuine. The confirmation notes and the invoices of brokerage and confirmation note do not prove that services have been rendered. We conquer with the views of the lower authorities that assessee has failed to show the genuineness of the commission payment to M/s. Vidhyashree Buildcon. Thus, we confirm the orders of the lower authorities - Decided against assessee.
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