Held that the Assessing Officer and the Tribunal were unjustified in disallowing part of the commission payment, given the assessee’s provision of detailed payment records and confirmation by commission agents via proper banking channels. Reasonableness to be considered from point of view of businessman. The revenue cannot bifurcate the commission payment between assistance in securing tenders and follow-up for payment recovery, as it amounted to rewriting the agency agreements, which were clear and genuine. Appeal is allowed. (AY. 1986-87 to 1988-89)
Indian Hume Pipe Co. Ltd v. CIT [2023] 155 taxmann.com 415 / [2024] 461 ITR 341 (Bom) (HC)
S. 37(1) : Business expenditure-Commission-Reasonableness to be considered from point of view of businessman-Revenue cannot rewrite the agreement-Appeal is allowed. [S. 260A]