TMI Blog1997 (1) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... ituated in Pakistan and thus entitling the assessee to take the benefit of cl. 5(f) of art. IV of the Indo-Pakistan DTAA - HC has rightly held that clause 9 was not attracted in this case and clause 5(f) would cover the present matter - - - - - Dated:- 28-1-1997 - Judge(s) : S. C. AGRAWAL. and G. T. NANAVATI. ORDER This appeal, by certificate granted by the Calcutta High Court under sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gent of two sugar mills situated in East Pakistan. The assessee had lent moneys to the managed companies in East Pakistan which was brought from Calcutta to East Pakistan for the business of the managed companies of the assessee. The Appellate Assistant Commissioner found that the interest that was due to the assessee on funds advanced to the managed companies in Pakistan would be Rs. 1,00,000 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interest and brought into a Dominion in cash or in kind. 100 per cent. by the Dominion into which the money is brought. Nil by the other. 9. Any income derived from a source or category of transactions not mentioned in any of the foregoing items of this Schedule. 100 per cent. by the Dominion in which the income actually accrues or arises. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ey had been made in Calcutta, was for a specific purpose, namely, to be diverted to Pakistan for the management of development of their companies situated in East Pakistan and thus entitling the assessee to take the benefit of cl. 5(f) of art. IV of the Indo-Pakistan Agreement." We have heard Shri R. R. Mishra, learned senior counsel for the Revenue, and Shri J. Ramamurthy, learned senior counse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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