SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

PRAKASH NARAIN, V.P.ELHENCE
KOTHARI CARPETS – Appellant
Versus
INCOME-TAX OFFICER – Respondent


Advocates Appeared:
K.N. Khandelwal, Raja Ram Agarwal,R.K. Upadhyay

ORDER

Per Shri Prakash Narain, Accountant Member - The only contention that was pressed and argued in this case relates to the disallowance of weighted deduction under section 35B of the Income-tax Act, 1961 ('the Act) on a sum of Rs. 3,68,312 paid by the assessee as commission.

2. The assessee is a manufacturer and exporter of hand-knotted carpets. With a view to maintain and increase its exports in Europe, it had entered into an agency agreement with Ingeborg Unadcath of Hamburg. It will be necessary to quote the relevant provisions of this agreement as under:

"It has been agreed between both the parties as follows:

1. The first party 'KC' are the manufacturers of Indian hand-knotted car- pets who have agreed to appoint the second party as 'AGENTS', Export Promotion Sole Selling Agents in whole of Europe including the United Kingdom for a period of five years.

2. The 'AGENTS' will secure orders for export of hand-knotted carpets from first class customers.

3. 'KC' will manufacture and export the orders submitted and confirmed.

4. It has been decided that a commission of 5 per cent will be paid to 'AGENTS' at the same time when the documents are paid by the customers. 'KC' will give irre





Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top