2002 (9) TMI 58 - HC - Income Tax

The assessee is merely a commission agent which assists its foreign principals in procuring leather from Indian suppliers. It provides information to its principals about the market conditions in India and the assistance that it renders to its foreign principals in India, as their agent, does not amount to the export of its services outside India. - We, therefore, answer the question referred to us - Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that assessee is not entitled to weighted deduction under section 35B on the expenses claimed in the assessment years 1978-79 and 1980-81? in favour of the Revenue and against the assessee.

Summary

Issues:
Claim of deduction under section 35B of the Income-tax Act, 1961 for various activities performed by the commission agent assisting foreign principals in procuring leather from Indian suppliers.

Analysis:
The judgment dealt with the claim of a commission agent for deduction under section 35B of the Income-tax Act, 1961 for activities performed in assisting foreign principals in procuring leather from Indian suppliers. The agent contended that it provided information about the Indian market to the foreign buyers, incurred expenses on tenders, and performed services outside India for promoting sales. The Assessing Officer allowed deduction only for travel expenses, rejecting other claims. The Tribunal upheld this decision, stating that the services provided did not qualify for deduction under section 35B.

The Tribunal highlighted the services rendered by the agent, including data collection, communication with principals, procurement of materials, order follow-ups, and dispute settlements. However, it found that these activities did not meet the criteria for deduction under section 35B. The agent was mainly involved in activities within India, assisting foreign principals in dealing with local suppliers and ensuring timely supplies, which did not qualify as services rendered outside India.

The agent argued that even as a broker, it should be entitled to the deduction under section 35B, citing a previous case involving a freight-broker and shipping agent. However, the court differentiated the current case from the previous one, emphasizing that the agent's activities were limited to assisting foreign principals in India and did not involve services exported outside India. The court ruled in favor of the Revenue, stating that the agent was not entitled to weighted deduction under section 35B for the expenses claimed during the assessment years in question.

In conclusion, the judgment clarified that the commission agent's activities, primarily focused on assisting foreign principals in procuring goods from Indian suppliers and providing market information within India, did not qualify for deduction under section 35B of the Income-tax Act, 1961. The court ruled in favor of the Revenue, denying the agent's claim for weighted deduction under section 35B for the relevant assessment years.