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Case Law Details

Case Name : Kannan Devan Hills Plantations Co. (P) Ltd. Vs ACIT (ITAT Cochin)
Appeal Number : ITA Nos. 77, 78 & 91/Coch/2017
Date of Judgement/Order : 04/01/2019
Related Assessment Year : 2010-11, 2011-12 & 2012-13
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Kannan Devan Hills Plantations Co. (P) Ltd. Vs ACIT (ITAT Cochin)

A perusal of the expenditure incurred by the assessee, we notice that these are payments made as reimbursement of expenditure incurred by the foreign agents plus their commission. The foreign agent commission and reimbursement of expenditure are not taxable in India and hence, the provisions of section 195 of the I.T. Act have no application.

FULL TEXT OF THE ITAT JUDGMENT

These are cross appeals, directed against three separate orders of the CIT(A)-I, Kochi of different dates. The relevant assessment years are 2010-11, 2011-12 and 2012-13.

2. Since common issues are raised in these appeals and they pertain to the same assessee, they were heard together and are being disposed of by this consolidated order for the sake of convenience and brevity.

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