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2009 (8) TMI 35

..... ship of principal and agent - has held that the assessee cannot be said to be maintaining a foreign agency where there was no requirement or obligation on the assessee under the terms of the agreement to maintain the agency of the foreign party outside India and it was only required to pay commission as per agreement in respect of the contract order procured by the said foreign agency and, therefo .....

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..... 1-82. 3. The Brief facts giving rise to the present Reference are as follows: 4. The original return was filed by the assessee on 31.8.1981. The assessment was completed under Section 143(3) of the Act on the income of Rs.4,76,390/-. While completing the assessment, weighted deduction under Section 35B of the Act was disallowed in respect of payment of Rs.2,47,015/- to M/s. Unad Cath Export Pvt. L .....

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..... on its earlier order in the case of M/s. Kothari Carpets, Bhadohi reported in 9 ITD-357 (Alld) dated 5.3.1984 in I.T.A. No.2084/A/1983 deleted the addition of Rs.82,338/-. 5. We have heard Sri A.N. Mahajan, learned counsel appearing for the Revenue and Sri S.D. Singh, learned counsel appearing for the respondent-assessee. 6. It has been pointed out that a similar question of law was referred to t .....

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