Held that respective persons, to whom payments had been made, had offered receipts as their respective income and those individuals were assessed to tax at maximum tax rates. The Assessing Officer had only compared salary payments made by assessee in year under consideration with that of earlier year to come to conclusion of excessive salary payment and said conclusion was not based on any material on record as contemplated under section 40A(2)(b) of the Act. The Assessing Officer was not justified in partly disallowing salary payments by invoking provisions of section 40A(2)(b) of the Act. (AY. 2015-16)
Balani Infotech (P) Ltd. v. ACIT (2022) 219 TTJ 64 (UO) / (2023) 146 taxmann.com 410 (Delhi) (Trib)
S. 40A(2)(b) : Expenses or payments not deductible-Excessive or unreasonable-Salary to directors and daughter-in-law-Not justified in partly disallowing salary payments.