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2002 (11) TMI 73 - BOMBAY HIGH COURTNon-resident - Deduction of Tax at Source - "1. Whether, Tribunal was right in holding that the amounts paid by the assessee to non-resident, for the period from October 1, 1976, to March 23, 1977, did not get merged in the purchase price on the exercise by the assessee of the option to purchase? - 2. Whether, Tribunal was correct in holding that the assessee, was an agent of non-resident under section 163 of the Income-tax Act, 1961?" - 3. Whether, the Tribunal was right in holding that the provisions of section 163 and section 195 are mutually exclusive? - 4. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee was not liable to deduct under section 195, tax in respect of the lease money paid by the assessee to the non-resident? - 5. Whether, Tribunal was right in holding that the income, if any, of the non-resident, on account of sale of the machinery and equipments to the assessee cannot be taxed in view of the agreement for avoidance of double taxation between India and the Federal German Republic and circular dated July 23, 1969, issued by the Central Board of Direct Taxes?" - In the circumstances, we return the reference unanswered as the questions have become academic.
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