1978 (12) TMI 41 - HC - Income Tax

Summary

Issues involved: Determination of deductibility of commission paid to sole selling agent as business expenditure u/s 37(1) of the Income-tax Act, 1961.

Facts: Messrs. Vishnu Agencies (P.) Ltd. paid Rs. 76,127 to M/s. Mangilal Sethia, the sole selling agent, under an agreement dated 2nd February, 1959, for selling spun R.C.C. pipes and collars. The agreement outlined the terms of the agency, including commission payment and exclusivity clauses.

Assessment: Initially disallowed by the ITO and upheld by the AAC due to lack of evidence showing services rendered by the agent, especially to secure orders from Government departments. Tribunal affirmed lower authorities' decisions, emphasizing the absence of evidence of necessary services by the agent.

Contentions: Assessee argued for reconsideration based on legal precedents and the unique circumstances of the current assessment year, highlighting the single agent arrangement and tax assessments of the agents. However, Tribunal found these distinctions immaterial to the core issue of services rendered by the agent.

Previous Judgement: In a related case, the court found that the sole selling agent, Mangilal Sethia, did not demonstrate providing any services to the assessee, thus questioning the deductibility of the commission paid.

Questions of Law: Tribunal referred two questions for opinion: 1) Whether the commission paid was deductible under section 37(1), and 2) Whether the expenditure was incurred wholly and exclusively for business purposes.

Court's Decision: Court rejected the assessee's arguments, stating that the burden of proof lay on the assessee to establish the necessity of the deduction. The court found no evidence of services rendered by the agent beyond mere payment of commission, affirming the Tribunal's decision. Question 1 was answered in favor of the revenue, and Question 2 in the negative. No costs were awarded.

Judge's Agreement: Justice Bimal Chandra Basak concurred with the decision.

This summary provides a detailed breakdown of the judgment, covering the issues, facts, assessments, contentions, previous judgments, questions of law, court's decision, and the judge's agreement.