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2014 (10) TMI 624 - HC - Income TaxOrder passed u/s 163 - PILCOM to be treated as the Agent of two Non-residents or not Held that:- Assessee rightly contended that the appellant was treated as an agent for the purpose of recovery of tax - The Tribunal came to a finding that the money received by the non-resident was not taxable in India - There was, as such, no question of holding the appellant as an agent - The agency was for the purpose of recovery of tax from out of the money paid during the AY - It is not connected with any other transaction - when the money received by the non-resident was not taxable in India, it should have automatically followed that the assessee is also not an agent which the Tribunal did not hold and thus committed an error of law also in earlier aseessement year of the same assessee wherein the assessment had been quashed, but the finding that the assessee was an agent of non-resident was maintained thus, the order of the Tribunal is to be set aside Decided in favour of assessee.
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