2001 (9) TMI 31

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..... eight years earlier, has been disallowed as not forming part of its allowable business expenditure. The assessee's contention was that the payment was necessary even though it was voluntary, as the assessee had to sell the property free of encumbrances. No material was placed before the assessing authority by the assessee in support of that contention that there was an undischarged encumbrance .....

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..... was a duty to reimburse the purchaser any part of the amount that the purchaser had paid to any person who had a right in the property which was enforceable. Learned counsel for the assessee argued before us that the payment can be sustained on the ground that the assessee was required to make that payment to preserve the goodwill and reputation of the assessee. That was not the ground put forth .....

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..... a party question No. 1, viz., "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the weighted deduction under section 35B is not allowable with regard to the commission paid to dealers in India?" is required to be answered in favour of the Revenue, and question No. 3, viz., "Whether the Tribunal was right in holding that gratuity provision is .....

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