Supreme Court of India · 1965-04-09
THE COMMISSIONER OF INCOME-TAX, MADRAS vs CHARI AND CHARI LTD.
- Citation / case number
- SC 1964/90398
- Court
- Supreme Court of India
- Petitioner
- THE COMMISSIONER OF INCOME-TAX, MADRAS
- Respondent
- CHARI AND CHARI LTD.
- Bench
- SHAH, J.C.
Judgment text excerpt
The Supreme Court held that under Section 10(2)(xv) of the Income Tax Act, 1922, the revenue authorities cannot review the bona fide determination of commission rates by the assessee, as the management's decision to pay 30% of net profits for special services was reasonable. The Court ruled that the compensation for termination of the managing agency was a capital receipt, but the specific circumstances of the case warranted its inclusion in income. The High Court's decision favoring the respondent was upheld, affirming the importance of considering the nature of the contract and services rendered.