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TMI Blog2019 (7) TMI 416X X X X Extracts X X X X X X X X Extracts X X X X ..... t on its behalf. What the Assessee received from its foreign buyers was the net FOB value; the Assessee was not claiming any expenditure on account of commission paid. There is, thus, no question of any revised return. There is no tax effect whatsoever by reason of the expenditure made by foreign buyers by way of commission paid outside India. There is no substantial question of law arising for consideration of this Court in the present appeal. The appeal is, accordingly, dismissed. - TAX APPEAL NO.4 OF 2019 - - - Dated:- 25-6-2019 - S.C. GUPTE NUTAN D. SARDESSAI, JJ. Ms. Amira Razaq, Standing Counsel for the Appellant. Mr. A.F. Diniz, Advocate for the Respondent. ORAL ORDER : (Per S.C. Gupte, J. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his amount to it. 3. When the matter was carried in appeal by the Assessee before CIT (Appeals), the latter held that the appellant Assessee was engaged in the business of export of ore and had made export sales to foreign buyers during the year under consideration. It had engaged non-resident foreign agents for facilitating its exports, agreeing for direct payment to such agents by the foreign importers on its behalf for the services rendered to it and remission of net export sales consideration to it as FOB price payable by the importers. The CIT (Appeals) held that the non-resident foreign commission agents, M/s. Good Bloom Asia Pacific Limited, Hong Kong and M/s. NRB Group INC, USA, had provided services to the Assessee outside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase of Goetze (India) Ltd. V/s. Commissioner of Income Tax 284 ITR 323 (SC) in this behalf. In Goetze (India) Ltd., the deduction claimed by the Assessee was disallowed by the Assessing Officer on the ground that there was no provision under the Income Tax Act to make amendment in the return of income by modifying an application at the assessment stage without revising the return. The Assessee's appeal before the Commissioner of Income Tax (Appeals) was allowed. The ITAT, however, reversed that order. The Assessee thereupon approached the Supreme Court submitting that the Tribunal was wrong in upholding the assessment order. Relying on the decision of the Supreme Court in National Thermal Power Co. Ltd. V/s. Commissioner of Income ..... X X X X Extracts X X X X X X X X Extracts X X X X
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