TMI Blog2018 (4) TMI 95X X X X Extracts X X X X X X X X Extracts X X X X ..... oods 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a in convertible foreign exchange, i. the assessee is entitled to claim the benefit of Section 80HHC? ii. An amount equivalent to it was includible in the export turnover? 2. We are only concerned with the claim under Section 80HHC, of the Income Tax Act, 1961 (for brevity the Act ) and the deletion made from the export turnover, by the Assessing Officer. We see from the assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Section 80HHC(2)(a). The Tribunal, however, reversed the concurrent decisions, on the reasoning that there were two options available for payment of agency commission and the assessee having taken the easier mode, cannot be disentitled from making the claim. 4. We are unable to countenance such reasoning of the Tribunal. The Tribunal has found that there is a clear nexus between the commissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urther 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. The appeal stands ..... X X X X Extracts X X X X X X X X Extracts X X X X
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