2009 (8) TMI 35 - HC - Income Tax

Meaning of expression Agency Section 35B(1)(b)(iv) - weighted deduction under Section 35B - Tribunal held that the expression maintenance of agency meant an act of continuing the relationship 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 therefore it was not entitled for weighted deduction under Section 35B(1)(b)(iv) of the Act Decided in favor of revenue ITAT order is not correct.

Summary

Issues:
Interpretation of the expression "maintenance of agency" under Section 35B(1)(b)(iv) of the Income-tax Act, 1961 for the Assessment Year 1981-82.

Analysis:
The High Court of Allahabad was tasked with determining whether the Income-tax Appellate Tribunal was legally correct in its interpretation of the term "maintenance of agency" under Section 35B(1)(b)(iv) of the Income-tax Act, 1961 for the Assessment Year 1981-82. The case revolved around the disallowance of weighted deduction under Section 35B of the Act in relation to a payment made to M/s. Unad Cath Export Pvt. Ltd. The original return was filed by the assessee in 1981, and the assessment was completed under Section 143(3) of the Act, disallowing the deduction. Subsequent appeals and orders led to the Tribunal deleting the addition of Rs. 82,338 based on its earlier decision in the case of M/s. Kothari Carpets, Bhadohi. The Court considered a similar case precedent where it was held that an assessee cannot be deemed to be maintaining a foreign agency if there was no obligation to do so under the agreement. This previous decision influenced the Court's ruling in the present case.

The Court heard arguments from both the Revenue's counsel and the respondent-assessee's counsel. It was highlighted that a previous case had addressed a similar issue regarding the maintenance of agency, resulting in a decision against the assessee. The Court, in line with the precedent set in the earlier case, concluded that the assessee was not entitled to the weighted deduction under Section 35B(1)(b)(iv) of the Act. Therefore, the question referred to the Court was answered in the negative, favoring the Revenue and ruling against the assessee. The judgment was delivered without any order as to costs.

In summary, the High Court of Allahabad clarified the interpretation of the term "maintenance of agency" under Section 35B(1)(b)(iv) of the Income-tax Act, 1961 for the Assessment Year 1981-82. The decision was influenced by a previous case precedent and resulted in the denial of the weighted deduction for the assessee based on the lack of obligation to maintain the agency as required by the law.