1984 (2) TMI 200

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..... ping business of non-residents), a freight of Rs. 9,92.975. That was assessed. But the Commissioner in revision thought that that assessment was prejudicial to the interests of the revenue. He was of the view that Rs. 11,75,074 (before rebate) was the freight. So he ordered a reassessment on that basis. Hence, this appeal is for the assessment year 1981-82. 2. It all happened like this. The ship .....

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..... hat is paid or payable within the meaning of section 172(2) to the shipper on account of carriage of goods is only Rs. 9,92,975. The Commissioner differed and held that the rebate agreed to be paid to Hindustan Ancillaries is not an immediate rebate deductible from the gross freight, that it is an incentive to Hindustan Ancillaries, that it is a sort of a commission payment to Hindustan Ancillar .....

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..... rebate of Rs. 1,82,099 is specified on 15-3-1981 in the manifest itself by the captain. So the payment of Rs. 11,75,074 and the grant of rebate of Rs. 1,82,099 is part and parcel of the same transaction. It is an integrated whole. It is not separable. It cannot be split up into two separate transactions and each treated as an independent receipt and an independent expenditure. This is tantamount t .....

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