1991 (1) TMI 36 - HC - Income Tax

Summary

Issues:
1. Allowability of weighted deduction under section 35B for expenditure on commission to overseas agents.
2. Jurisdiction of the Commissioner of Income-tax under section 263 to modify the assessment order.
3. Validity of the Tribunal's decision in canceling the Commissioner's order under section 263.

Analysis:

Issue 1:
The case involved a dispute regarding the allowance of weighted deduction under section 35B of the Income-tax Act, 1961, for the expenditure incurred by the assessee-company on payment of commission to overseas agents for export promotion. The Commissioner of Income-tax contended that the weighted deduction was wrongly allowed, leading to a show-cause notice under section 263. The Tribunal, after considering the facts, determined that the expenditure fell under section 35B(1)(b)(iv), making it allowable. The key contention was whether the commission paid to foreign agents qualified under the relevant clause of section 35B.

Issue 2:
The second issue revolved around the jurisdiction of the Commissioner of Income-tax under section 263 to modify the assessment order. The Commissioner held that the assessment order allowing the deduction was erroneous and prejudicial to the Revenue's interests, necessitating its withdrawal. However, the Tribunal disagreed and upheld the allowance based on the specific clause of section 35B. This raised the question of whether the Commissioner had rightfully assumed jurisdiction under section 263.

Issue 3:
Lastly, the Tribunal's decision to cancel the Commissioner's order under section 263 was challenged. The Tribunal's ruling in favor of the assessee was based on the interpretation that the expenditure, being commission paid to foreign agents for promoting business, fell within the scope of sub-clause (iv) of section 35B(1)(b). The Tribunal's decision to uphold the allowance and cancel the Commissioner's order was affirmed by the High Court, concluding that the expenditure was eligible for the weighted deduction under the specified provision.

In conclusion, the High Court upheld the Tribunal's decision, ruling in favor of the assessee on all three issues. The judgment clarified that the expenditure on commission to overseas agents for export promotion qualified for the weighted deduction under section 35B(1)(b)(iv). The Court found that the Commissioner had wrongly assumed jurisdiction under section 263, and the Tribunal's decision to cancel the Commissioner's order was deemed appropriate.