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2019 (7) TMI 416 - HC - Income TaxDis-allowance of the commission paid to non-resident foreign agents - under invoicing - Non disclosure of Commission to the agent paid at the time of import - The DRI found that customs duty was paid on such net amount remitted to the Assessee; the FOB value disclosed, on which customs duty was paid, did not include the commission paid to the foreign agents. - HELD THAT:- In the present case, there is no question of the Assessee claiming any deduction by filing of a revised return. It is the case of the Revenue that the Assessee had not disclosed the expenditure incurred by a foreign agent on its behalf. What the Assessee received from its foreign buyers was the net FOB value; the Assessee was not claiming any expenditure on account of commission paid. There is, thus, no question of any revised return. There is no tax effect whatsoever by reason of the expenditure made by foreign buyers by way of commission paid outside India. There is no substantial question of law arising for consideration of this Court in the present appeal. The appeal is, accordingly, dismissed.
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