2011 (11) TMI 660 - HC - Income Tax

Summary

Issues involved:
The issue involves the challenge to the order of the Income Tax Appellate Tribunal regarding the addition of a payment made to foreign agents by a foreign buyer on behalf of the assessee.

Details of the Judgment:

1. Addition of Payment to Foreign Agents:
The Assessing Officer disallowed the claim made by the assessee regarding the payment of commission to foreign agents, adding the amount to the assessee's income for the assessment year 2004-2005. The CIT(Appeals) set aside the Assessing Officer's order, and the Tribunal confirmed this decision based on its own earlier order for a similar issue.

2. Tribunal's Decision Upheld:
The Tribunal's decision was upheld by the High Court in a similar case involving the deletion of disallowance of export commission. The Court found that the commission amount was duly confirmed by the agents, justifying its deduction from the invoice value. The Tribunal concluded that the commission was admissible as a deduction under section 37(1) of the Act, as it was incurred for the purpose of the assessee's business.

3. Conclusion and Dismissal of Appeal:
The Court found that the Tribunal's conclusion was based on reasonable and convincing findings of fact, which were not disproved by the revenue. As the issue was squarely covered by previous judgments and no new facts were presented, the Court dismissed the Tax Appeal as no question of law was established by the Revenue.