1996 (10) TMI 60

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....ivered by G. S. SINGHVI J. --- Pursuant to the direction given by the High Court on November 18, 1977 (see [1978] 114 ITR 410) in I. T. C. No. 113 and I. T. C. No. 114 of 1977, the Income-tax Appellate Tribunal, Amritsar, referred the following question for the opinion of the High Court : "Whether, on the facts and in the circumstances prevailing for the assessment years 1969-70 and 1970-71,....

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....anufactured by the company after deducting trade discounts, freight, sales tax, distributor's commission, etc. For the assessment year 1969-70, the assessee claimed a benefit of commission of Rs. 1,86,163 allegedly paid to the sole selling agent. For the assessment year 1970-71, the assessee claimed that commission amounting to Rs. 2,26,617 was paid to the sole selling agent. The Income-tax Office....

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....aring, Sri N. K. Sood, learned counsel for the assessee, brought to our notice the fact that the main case relating to the amount of commission paid to the sole selling agent was still pending before the authorities constituted under the Act because the Tribunal has remanded the case to the appellate authority and after a fresh decision was rendered by the appellate authority, the Tribunal again r....

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....ation before the appellate authority. In view of the admitted fact that the issue relating to the quantum of commission payable to the sole selling agent of the assessee, is still undecided, determination of the question of law called for by this court would be a futile exercise. In our considered opinion, the question referred to this court by the Tribunal on February 23, 1978, does not deserv....