2014 (10) TMI 664

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t the following question for its opinion and answer: "Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee company is entitled to a deduction on Rs. 18,56,400/( A.Y. 1982-82) and on Rs. 12,92,717/- (A.Y. 198384) under section 35B being the amounts of commission paid by the assessee to one Shri C.G.S. Mani by holding that the case....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....passed order under section 263 of the Act directing the Income Tax Officer to withdraw the allowance already made. He expressed the view that payment of commission to foreign agent did not amount to maintenance of any agency by the assessee outside India within the meaning of section 35B(1)(b)(iv) and that the services of Shri Mani did not involve any activity for promotion of exports. 3] The T....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ar Industries Ltd. reported in (2003) 262 ITR 212. In that case the assessee, a public limited company claimed weighted deduction under this very provision, inter alia, on commission to Tata Exports for monitoring and doing liaisoning work outside India. The assessee claimed weighted deduction on account of proportionate administrative expenses. The Reference at the behest of the revenue, raised q....