Supreme Court · 1972 INSC 200 · Decided 29 August 1972

Aluminium Corporation of India LTD. v. Commissioner of Incometax, West Bengal

Court
Supreme Court of India
Citation
1972 INSC 200 · [1973] 1 S.C.R. 1097
Case number
CIVIL APPEAL No. 394/1969
Decided
29 August 1972
Bench
K.S. HEGDE, P. JAGANMOHAN REDDY, HANS RAJ KHANNA (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Income Tax Act Section 10(2)(xv), 66, 66A(2)

Headnote

Income Tax Act 1922 s. 10(2)(xv) & 66-Exr,endilure laid out wholly and excluslVely .for business-Commission payab e to selling agents In a case whNe sales are not actually effected through selli11g agents-Construe· lion of agreement-Expenditure on such Commission whether allowable as 'decided by Tribrmal--High Courfs power to interfere in reference proceedings under s. 66. Under clause (6) of the agreement between the assessee company and its Selling Agents discount was to be allowed to the Selling Agents not only on sales effected through the said Agents or sub-agents but

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