2005 (11) TMI 494 - HC - Income Tax

Summary

Issues:
1. Whether the Appellate Tribunal was correct in holding that no receipts were received or accrued to the assessee pursuant to the agreement for transfer of marketing rights.
2. Whether the Tribunal was justified in deleting the disallowance when the Assessing Officer concluded that the amount accrued to the assessee on revenue account.

Analysis:
Issue 1: The appellant-revenue raised concerns regarding the Appellate Tribunal's decision on the transfer of marketing rights to Neumetic Marketing Co.Pvt.Ltd. The Tribunal, after reviewing the facts, found that no money was received by the assessee during the relevant accounting period. Both the Commissioner (Appeals) and the Tribunal established that the agreement with Neumetic Marketing Co.Pvt.Ltd. was set to commence after the accounting period. Consequently, as no payment had accrued to the assessee during the year under consideration, the authorities correctly determined that no income had accrued to the assessee. The appellate authority emphasized that the mere making of an entry in the records was not sufficient to establish the accrual of income. Therefore, the appeal was dismissed as there was no substantial question of law arising from the case.

Issue 2: The second question raised by the appellant concerned the Tribunal's decision to delete the disallowance despite the Assessing Officer's conclusion that the amount in question accrued to the assessee on a revenue account. The Tribunal's decision was based on the factual finding that no money was received by the assessee during the relevant period. Since the agreement was not operational during the accounting year, no income accrued to the assessee. The authorities rightly emphasized that the timing of the agreement coming into effect was crucial in determining the accrual of income. Therefore, the Tribunal's decision to delete the disallowance was justified based on the factual findings and legal principles applied in the case.