TMI Blog2014 (10) TMI 664X X X X Extracts X X X X X X X X Extracts X X X X ..... The Tribunal was rightly of the view that the agreement with Shri Mani records that Shri Mani is appointed as representative of the assessee for export to the countries mentioned in the agreement - He has been given suitable authority to negotiate and conclude any business and trade contracts with the organisation in the countries for supply of stores and goods to the countries mentioned in the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts 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 ₹ 18,56,400/( A.Y. 1982-82) and on ₹ 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 of the assessee amounted to maintenance of an agency within the mea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me 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 Tribunal reversed this order of the Commissioner by placing r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase 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 question as to whether, Tata Exports, who were paid the commi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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