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april 1965

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.

THE COMMISSIONER OF INCOME-TAX, MADRAS vs CHARI AND CHARI LTD. · Niyam