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Tax & Customs LawSupreme Court of India

B.L. Passi v. Commissioner of Income Tax, Delhi

Civil Appeal · 2018 INSC 397Decided 24 Apr 2018
Civil Appeal No. 3892 of 2007
Justice R.K. Agrawal · Justice Abhay Manohar Sapre

Background

B.L. Passi, a sole proprietor doing business as Pasco International, claimed a deduction under Section 80-O of the Income Tax Act for about Rs. 58.87 lakh received in foreign exchange from Japan's Sumitomo Corporation, saying he had supplied specialised technical/commercial knowledge about the Indian automobile industry that helped Sumitomo win a components supply deal with Telco's SAFARI project. The Assessing Officer disallowed the deduction, and while the first appellate authority allowed it, the Income Tax Appellate Tribunal and then the Delhi High Court both ruled against Passi, leading to this appeal before the Supreme Court.

Decision Breakdown

The Supreme Court held that Section 80-O deductions require proof of genuine technical/commercial knowledge actually made available to the foreign enterprise, but Passi never produced the "blue prints" he claimed to have supplied, nor any proof that Sumitomo actually developed or sold a product using his information. The Court found the relationship was essentially that of a managing/commission agent earning a percentage-based service fee, not a provider of technical know-how, so his claim did not fit within the object or wording of Section 80-O. It accordingly upheld the High Court's view and dismissed the appeal with no order as to costs.

Lesson Learnt

A taxpayer claiming a special deduction such as Section 80-O carries the burden of actually proving, with concrete documentary evidence, that the specific technical or commercial knowledge was provided and used: bare assertions and unsubstantiated correspondence are not enough.

B.L. Passi v. Commissioner of Income Tax, Delhi – Legal Case Shots | LegalAware