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2022 (8) TMI 743 - AT - Income TaxDisallowance of commission payments u/s 37 - HELD THAT:- The ITAT in assessee’s own case for assessment year 2006-2007 had restored the matter to the A.O. for de novo consideration. The ITAT while disposing of the matter, held that the agents were third parties unrelated to the assessee and all commission payments were made by account payee cheques. It was further held that the TDS deduction has been made wherever the said provisions were applicable. The assessee has furnished the party-wise break-up of the commission payments and since most of the commission payments are to the same parties year after year, in the interest of justice and equity, the matter needs to be examined afresh by the A.O. Accordingly, the issue of commission payments made to the local agents as well as foreign agents, is restored to the files of the A.O. The assessee shall cooperate with the Revenue and shall furnish the necessary details in support of its case. The A.O. shall afford a reasonable opportunity of hearing to the assessee before a decision is taken in the matter. It is ordered accordingly. Appeal allowed for statistical purposes.
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