9911796707
TMI Blog1999 (2) TMI 17X X X X Extracts X X X X X X X X Extracts X X X X ..... t Patna, is 1960-61. The question which the High Court answered in the affirmative and against the Revenue read thus: "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that there was no income to the non-resident which could fall within the categories enumerated in section 9(1)(i) of the Act and, as such, the question of bringing any such income to tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e was entitled to recover therefore, the retaining fee of pound 7,000 per annum, the same being payable in sterling in London. For the assessment year 1960-61, the Income-tax Officer held that the Indian company was an agent of the assessee within the meaning of section 163 of the Income-tax Act and that the annual remuneration of pound 7,000 was income accruing to the assessee which was taxable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as it is relevant, reads thus: "9. (1) The following incomes shall be deemed to accrue or arise in India--- (i) all income accruing or arising, whether directly or indirectly, through or from any business connection in India, or through or from any property in India, or through or from any asset or source of income in India, or through the transfer of a capital asset situate in India. Explanat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e extent of the activity carried on in India as compared to that carried on in England. There is, therefore, no means now of ascertaining what part of the income of pound 7,000 could be said to be income which accrued or arose to the assessee in India. Certainly, after the lapse of almost 40 years, it would be impossible to determine this. In the circumstances, the appeal is dismissed. No order a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
