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)
The Arbitrator’s Ledger: Financial Forensics in ODR
Let’s start with a small story in this regard. Client B, a mid-sized electrical components manufacturer registered as an MSME, supplied ma...
-
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 issues before the Bench are - Whether when an expenditure is claimed to have been incurred by an assessee for promotion of his busine...
-
The posting had been move to another website. Please click the link below to get the access of the same. https://taxofindia.wordpress....
-
"whether tds should be deducted u/s 194C for payment made to travel agent for booking of airline tickets by a company for its employee...
-
Any tax, interest, penalty, fine or any other sum payable by virtue of an order passed under the Income Tax Act as specified in the ...
-
This Tax Alert summarizes a recent ruling of the Karnataka High Court (HC) [1] on the constitutional validity of Health Security se Natio...
-
This Tax Alert summarizes a recent ruling of the Delhi High Court (HC) [1] on whether the newly introduced pre-deposit requirement for fi...
-
The India-Mauritius DTAA, which entered into force on 1 April 1983, was amended by way of Protocol signed on 10 May 2016 [1] (2016 Protoc...
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
-
This Tax Alert summarizes a recent ruling of the Gujarat High Court (HC)1 on the taxability of corporate guarantee provided by the Petitio...
No comments:
Post a Comment