Dy.CIT v. Atlas Copco (India) Ltd (No.1) (2022) 96 ITR 520 (Pune)(Trib) Dy. CIT v. Atlas Copco (India) Ltd (No.2) (2022) 96 ITR 566 (Pune)(Trib)

S. 37(1) : Business expenditure-Commission expenditure-Mere inability to furnish the confirmation letters from the parties commission payment cannot be disallowed.

The appellant had filed the primary details such as name, address, invoice, payment made etc. However, the assessee could not furnish the confirmations from payees and for want of the confirmations, Assessing Officer made disallowance. The ld. CIT(A) following the decision of his order in assessee’s own case in earlier years has deleted the addition. Tribunal held that from the material on record, it is clear that the respondent / assessee had discharged the onus cast upon it by filing the primary details. Mere inability to furnish the confirmation letters from the recipients cannot be the reason to disallow the commission expenditure without causing any further enquiries by the Assessing Officer as to the genuineness or otherwise of the expenditure. Order of CIT(A) is affirmed. (AY. 2010-11, 2011-12)