2009 (8) TMI 35

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..... 1961, hereinafter referred to as "the Act" for opinion to this Court: "Whether, on the facts and in the circumstances of the case, the Hon'ble Income-tax Appellate Tribunal was legally correct in holding that the expression maintenance of agency meant an act of continuing the relationship of principal and agent in terms of section 35-B(1)(b)(iv) of the I.T. Act, 1961?" 2. The present Reference .....

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..... ection 143(3)/251 was completed by the Assessing Officer vide order dated 17.2.1989 but again, the deduction under Section 35B of the Act was disallowed as was done in the original assessment. The assessee, being aggrieved, again preferred appeal before the Commissioner of Income Tax (Appeals) who vide his order dated 28.2.1990 dismissed the appeal and upheld the order of the Assessing Officer. In .....

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..... nd it was only required to pay commission as per agreement in respect of the contract order procured by the said foreign agency and, therefore, it was not entitled for weighted deduction under Section 35B(1)(b)(iv) of the Act. The question referred to was thus answered in the negative i.e. in favour of the Revenue and against the assessee. 7. Respectfully following the aforesaid decision of this .....

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