Mumbai ITAT deletes
addition u/s. 41(1) [on account of cessation of trading liability] in case
assessee-company (engaged in engineering, designing services for oil & gas
industry) with respect to outstanding commission payable to its agent in Kuwait
(‘creditor’) for AY 2011-12; ITAT notes that assessee had entered into
MoU with the creditor for procuring business for assessee in Kuwait, noting
that the creditor did not make any request for clearance of commission of
Rs. 34.90 lakhs outstanding for more than 1460 days, AO made addition u/s.
41(1) treating it as liability ceased; Rejecting Revenue’s action, ITAT notes
that under the MoU, commission was payable only on realization of proceeds from
customers procured by agent, thus observes that the commission payable was
outstanding as the agent could not recover sales proceeds from customer;
Holds that by withholding commission payments of agent with respect to overdue
payment from its debtors, assessee has acted in a manner consistent with
principles of commercial expediency and in accordance with the terms of MOU,
thus remarks that “ … Revenue cannot direct assessee to act in a manner in
defiance to the principles of commercial expediency and in turn to damage its
own business interest.”; Observes that assessee had also produced details
of court cases at Kuwait and correspondences with its overseas buyers/agents
with respect to its efforts for making recovery etc. to justify that the
payments were still due from the customers:ITAT
Subscribe to:
Post Comments (Atom)
TAX DUE DATE- OCTOBER 2026
S. No Due Date Related to Compliance to be made 1 11.10.2026 GST ...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
-
· The Income tax rate for is 17% of its chargeable Income.
-
The posting had been move to another website. Please click the link below to get the access of the same. https://taxofindia.wordpress....
-
Vide Notification issued u/s 139(1), the CBDT has extended the ‘due date’ for filing of returns of income for the Assessment Year 2012-13 ...
-
One of the most significant developments under GST valuation jurisprudence has been the consistent recognition that where the recipient is...
-
What is a Digital Signature? Answer: A digital signature authenticates electronic documents in a similar manner a handwritten signatur...
-
The year 2026 has already delivered several landmark GST decisions that could significantly influence tax compliance, assessments, and litig...
-
S. No Due Date Related to Compliance to be made 1 11.10.2026 GST ...
-
- CA SAKSHI AGARWAL Let’s start with a small story in this regard. Client B, a rapidly growing mid-sized manufacturing firm, recently ...
No comments:
Post a Comment