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2010 (3) TMI 851 - ITAT DELHIIncome received on account of commission - business receipt or income from other sources - assessee was already in the business of distribution of Acer products like computers, laptops and desktops, etc., and in continuation of the same services later on it was in receipt of income in the form of commission on assignment of such agency by Acer India P. Ltd. to M/s. Salora International Ltd. - Held that:- AO has not appreciated entire facts of the case which were duly supported by documentary evidence filed before him. The Commissioner of Income-tax (Appeals) has also given an opportunity to the Assessing Officer and called for a remand report on all these observations and after considering the same, the Commissioner of Income-tax (Appeals) reached the conclusion that there was no such diversion and it was a prudent business decision by which not only the assessee-company has been benefited by higher sales turnover, but M/s. Salora International to whom distribution business was assigned, earned good profits. We also found that M/s. Salora International Ltd. had also achieved good profit margin by increasing the sales of Acer products manifold, which could not be achieved by the assessee-company during the period the agency was held by the assessee. The detailed finding recorded by the Commissioner of Income-tax (Appeals) is as per material on record and does not warrant any interference, appeals of the Revenue are dismissed.
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