Supreme Court · 1980 INSC 169 · Decided 29 August 1980

Commissioner of Income-Tax, Andhra Pradesh Hyderabad v. Toshoku LTD. Guntur ETC.

Court
Supreme Court of India
Citation
1980 INSC 169 · [1981] 1 S.C.R. 587
Case number
CIVIL APPEAL No. 782/1973
Decided
29 August 1980
Bench
P.N. BHAGWATI, E.S. VENKATARAMIAH (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Income Tax Act Section 5(2), 9(1)(i), 160, 161, 163, 9

Headnote

Commission payable to non-resident foreign agent by the statutory agent­ Statutory agent making credit a1id debit entries in his books of account under the head "commission account" on receipt of the sale price from the foreign agent and thereafter on remitting the commission amount assessable to income tax­ .Sections 5(2), 9(1)(i), 160, 161 and 163 of the Income Tax Act. 1961 read with Board's Circular (XXVII-l) of 1953 No. 26 (II/53) dated July 17, 1953- Whether the amounts should be treated as income deemed to have acr.rued or arisen in India. Dismissing the Revenue

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