1989 (2) TMI 23 - HC - Income Tax

Timing of Compensation Liability & Tax Deduction Clarified by High Court Decision

Asuma Cashew Company Versus Commissioner Of Income-Tax

Asuma Cashew Company Versus Commissioner Of Income-Tax - [1990] 182 ITR 175, 84 CTR 198, 51 TAXMANN 345 Issues involved: The judgment involves issues related to the liability of the assessee to pay compensation/damages to a foreign party and the claim of the assessee for weighted deduction under section 35B of the Income-tax Act.Liability to Pay Compensation/Damages: The Tribunal held that the liability of the assessee to pay compensation arose only upon the passing of the award by the arbitrator, not at the time of the breach of contract. The Tribunal determined that the liability crystallized when the damages were adjudicated and accepted, either through negotiation, arbitration, or court decision. As the contract did not specify a particular amount for damages in case of breach, the claim by the foreign company was considered to be for unliquidated damages. The Tribunal concluded that the liability to pay compensation would only arise when the damages were determined and accepted, not at the time of breach.Weighted Deduction under Section 35B: Regarding the claim for weighted deduction under section 35B, the Tribunal affirmed the decision of the Commissioner of Income-tax (Appeals) that the commission paid by the assessee in India was for obtaining information about markets outside India for the assessee's products. The Tribunal found this claim to be allowable under section 35B, in line with the decision in J. Hemchand and Co.'s case.Decision: The High Court upheld the Tribunal's decision on the liability to pay compensation, stating that the liability arose only upon the passing of the award by the arbitrator. However, concerning the weighted deduction under section 35B, the High Court directed the Tribunal to further evaluate the matter in light of a circular issued by the Central Board of Direct Taxes dated December 28, 1981, which provided administrative relief to assessees in line with the decision in J. Hemchand and Co.'s case. The High Court declined to answer the question referred by the Tribunal regarding the weighted deduction but instructed the Tribunal to reconsider the issue based on the circular.This judgment clarifies the timing of liability for compensation/damages and the eligibility for weighted deduction under section 35B, providing insights into the interpretation of contractual obligations and tax deductions in the context of international business transactions.