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september 1972

Supreme Court of India · 1972-09-13

LACHMINARAYAN MADAN LAL vs COMMISSIONER OF INCOME-TAX, WEST BENGAL

Citation / case number
SC 1969/60037
Court
Supreme Court of India
Petitioner
LACHMINARAYAN MADAN LAL
Respondent
COMMISSIONER OF INCOME-TAX, WEST BENGAL
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court upheld the Tribunal's decision that the selling agency agreement was not a genuine business arrangement under Section 37 of the Income Tax Act, 1961. The Court ruled that the Income Tax Officer has the discretion to determine the deductibility of payments made to selling agents, emphasizing that mere existence of an agreement does not guarantee deductibility. The appeal was dismissed, affirming the Tribunal's findings that the arrangement was a device to minimize tax liability and that the Tribunal was justified in not referring the case to the High Court under Section 256.

LACHMINARAYAN MADAN LAL vs COMMISSIONER OF INCOME-TAX, WEST BENGAL · Niyam