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2011 (10) TMI 230 - AT - Income TaxTDS on Commission 94H - Assessee engaged in export - Commission reduced from Invoice value and no remittances made from India - held that:- foreign buyer is not bound to pay to the assessee the amount covered by the commission or discount at any future date. Right/Claim of the assessee in respect of the export sales was to receive only the net invoice amount and nothing more. There is nothing left over by way of balance to be treated as income accruing or arising to the assessee outside India by virtue of the impugned export sales. Decided in favour of assessee. Dis-allowance of claim - A.O. made disallowance of 20% of the total expenses - assessee took the plea that all the books of account with papers etc. were drowned in disastrous flood that came in the city of Surat but could not produce any evidence on record. Therefore decision of CIT(A) was affirmed. - The assessee has failed to produce an iota of evidence to substantiate his claim of loss. - Decided against assesee.
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