Disallowance of Commission paid to Directors by AO


Quick Summary
The Income Tax Appellate Tribunal (ITAT) heard an appeal concerning the disallowance of commission paid to directors by the Assessing Officer (AO). The AO had disallowed a sum of Rs. 65,79,166/-. However, both the Revenue and the assessee agreed that the issue was covered by a previous decision of the ITAT in the assessee's own case for the 2013-14 assessment year, where identical facts led to the deletion of such additions.

Court :
ITAT Delhi

Brief :
This appeal by Revenue is filed against the impugned order of Learned Commissioner of Income Tax (Appeals)-16, New Delhi, [�Ld. CIT(A)�, for short], dated 30.01.2018 for Assessment Year 2014-15.

Citation :
ITA No:- 3125/Del/2018

IN THE INCOME TAX APPELLATE TRIBUNAL
(DELHI BENCH: ‘F’: NEW DELHI)
(Through Video Conference)
BEFORE MS SUCHITRA KAMBLE, JUDICIAL MEMBER
AND
SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER
ITA No:- 3125/Del/2018
(Assessment Year: 2014-15)

Addl. CIT,
Special Range-9,
New Delhi.

vs

United Hotels Ltd.,
New Delhi.

Revenue By : Shri Jaspreet Singh Minhas, CIT (DR)
Assessee By : Shri Jagdish Ajmani, CA

The Assessee filed return of income declaring income of Rs.6,93,84,010/-. Vide Assessment Order dated 31.12.2016 under Section 143(3) of Income Tax Act, 1961 (“I.T. Act”, for short); income of the assessee was assessed at Rs. 8,85,63,176/- (rounded off to 8,85,63,180/-). The additions made by the Assessing Officer (“AO”, for short) in the aforesaid Assessment Order included Rs. 1,26,00,000/- on account of disallowance of enhanced rent paid; and Rs. 65,79,166/- on account of disallowance of Commission paid to Directors.

2. At the time of hearing before us, the Learned Senior Departmental Representative (“Ld. Sr. DR”, for short) for Revenue and the Ld. AR of the assessee were in agreement that both the issues in dispute in the present appeal are squarely covered in favour of the assessee by order of Coordinate Bench of Income Tax Appellate Tribunal (“ITAT”, for short) in assessee’s own case, vide order dated 28.07.2021 in the case of the assessee, for Assessment Year 2013-14, in ITA No.- 2155/Del/2017; wherein in identical facts and circumstances both the issues in dispute were decided in favour of the assessee.

3.We have heard both sides and carefully perused the materials available on records. We find that the Ld. CIT(A) has observed that facts in this year, in respect of both the disputed issues, are identical to facts of Assessment Year 2013-14. Moreover, the Ld. CIT(A) has followed his own order in the case of the same assessee for Assessment Year 2013-14 in which both the issues in dispute were decided in favour of the assessee and the corresponding additions were deleted.

4. Our order was orally pronounced in Open Court on 01-09-2021, after conclusion of the hearing, in the presence of representatives of both parties. Now this order in writing is signed today on 02/09/2021.

Please find attached the enclosed file for the full judgement
 

FAQ :

The appeal concerned the disallowance of commission paid to directors by the Assessing Officer.

The Assessing Officer disallowed Rs. 65,79,166/- on account of commission paid to directors.

No, the ITAT found that the issue was covered by a previous ruling in the assessee's own case, which favoured the assessee.

The ITAT followed its own prior order for the assessment year 2013-14, where identical facts and circumstances led to the deletion of similar additions.

 
downloaded 309 times



Judgement posted by

Practice

I simplify complex income tax, TDS, banking, and investment updates into practical insights for taxpayers, salaried professionals, pensioners, and senior citizens. I regularly write on ITR filing, tax compliance, savings schemes, and the latest financial rule changes in India.

Comments




CCI Pro



Company
ARTICLESHIP 23 October 2026
Articled Trainee

J Y & CO

Hyderabad

CA Inter

View Details
Company
Featured 03 October 2026
Accountant

A P Lodha and Associates

Jalna

B.Com

View Details
Company
12 October 2026
Chartered Accountant - Internal Audit

HKC | Chartered Accountants & Business Advisors

Ludhiana

CA

View Details
Company
08 October 2026
Account Executive

Elite Taxation

New Delhi

CA Foundation

View Details
Company
ARTICLESHIP 07 October 2026
Article assistant

S.K.Bajpai & Co.

Noida

B.Com

View Details
Company
15 October 2026
Senior Accountant

Continental Belting Pvt Ltd

Mumbai

B.Com

View Details
Company
ARTICLESHIP 25 October 2026
Article Intern (CA Articleship)

Arpan Bohra & Co

Hyderabad

CA Inter

View Details
Company
ARTICLESHIP 17 October 2026
Articled Assistant

RRPM & Associates LLP

Chennai

CA Inter

View Details