6. On the other hand, from the side of the Revenue, Mr.S.S. Shukla
Learned Departmental Representative appeared and placed reliance on
Industrial Cables (I) Ltd. vs. ACIT reported at [2005]97 ITD 267
(Chandigarh) for the proposition that once the assessee had not stopped
the business with the said debtor agency and there was a reasonable
expectation of recovery, then mere writing off of debt was not sufficient.
19. We therefore feel that deduction under Section 10A should be on
the basis of sub-section 4 of Section 10A and computed on the profit
and gains of the business of the undertaking multiplied by export
turnover to the total turnover of the business carried on by the
undertaking. The formula cannot be expanded by including profits
(or loss), export turnover or total turnover of other units. Reliance is
placed on the decision in the case of M/s. Huawel Technologies (I)
Pvt. Ltd., Vs. ACIT in ITA No. 9/Bang/07 'B' Bench (unreported)
wherein it has been held as under:
), Nandlal Vithaldas vs. CIT 180 ITR 609, CIT vs.
Ahmedabad Electricity Co. Ltd. 262 ITR 97, South India Surgical Co.
Ltd, vs. ACIT and Industrial Cable (I) Ltd. Vs. ACIT 97 ITD 267 (Chan-
Trib). On appeal, the ld. CIT(A) following the decision of Hon'ble
jurisdictional High Court in Director (Int. Taxn.) vs. Oman International
Bank SAOG (2009) 184 Taxman 314 (Bom) held that the disallowance is
not justified and accordingly deleted.
14. Before parting, we may refer to the decision of the Hon'ble
Supreme Court in the case of Catholic Syrian Bank Ltd. (supra) relied
upon by the assessee and also the decision of our co-ordinate Bench in
the case of Jaysingpur Udgaon Sahakari Bank Ltd. (supra).
16. The above clearl y shows that any bonus or commission paid to an
employee for services rendered if the same was payable as dividend are not
allowable. From this it becomes clear under which head the expenditure has
been claimed is not material but the mandate of the provision is that if such
commission was payable as dividend to the such persons then such commission
is not allowable. Had the assessee company not paid the commission, the amount
would have remained with the company which could have ultimatel y be paid to
the directors onl y by way of dividend. Therefore, in our opinion the decision of
Special Bench in the case of Dalal Broacha Stock Broking (P.) Ltd. v. ACIT
(supra) is squarel y applicable. The head note of that case reads as under:-