Commission to CMD for personal guarantee may be treated as “ploy to divert funds”

CIT vs. United Breweries Ltd (Karnataka High Court)

 

The assessee claimed a deduction for the “guarantee commission” of Rs. 1.15 crores that it paid to its Chairman Shri. Vijay Mallya. The AO & CIT (A) disallowed the claim on the ground that the so-called guarantee was a mere signature on a document, not backed by specific assets and that as the commission payment exceeded Mr. Mallya’s net wealth of Rs. 70 lakhs, it was an “innovative method of diverting income from the company” and an “unwarranted benefit” to Vijay Mallya. However, the Tribunal allowed the claim. On appeal by the department, HELD reversing the Tribunal:

The Querry is that then why notional expenses charged under Transfer Pricing.