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2018 (4) TMI 95 - HC - Income TaxEligibility to benefit of Section 80HHC - commission deducted by the foreign agent from the sale consideration - nexus between the commission payment and the exports made by the assessee - Held that:- Section 80HHC, as per Sub Section (2)(a) applies only if the sale proceeds of goods or merchandise exported out of India are received in or brought into India, by the assessee in convertible foreign exchange, within a period of six months from the end of a previous year or within such further period as the competent authority may allow in this behalf. The condition having been not complied with, the commission deducted by the foreign agent from the sale consideration cannot enjoy the benefit of Section 80HHC. We have no hesitation in setting aside the order of the Tribunal and we answer the questions of law in favour of the Revenue and against the assessee.
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