TMI Blog2004 (11) TMI 21X X X X Extracts X X X X X X X X Extracts X X X X ..... question of fact and law nor a substantial question of law, but, one entirely on the facts which, in any event, has been concluded by the Tribunal after examining the case in detail. In our opinion, in keeping with the interpretation to be given to the provisions of section 80-O, there is much substance in what assessee has submitted that the matter is substantially on the question of facts rather than on the question of law and, therefore, we dismiss this revenue’s appeal - - - - - Dated:- 1-11-2004 - Judge(s) : B. C. PATEL., BADAR DURREZ AHMED. JUDGMENT The judgment of the court was delivered by B.C. Patel C.J. - These appeals, under section 260A of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), are placed befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deduction is admissible on rendering abovementioned services in connection with technical or professional services. On going through the agreements executed between you and the foreign enterprises, you are merely working on their behalf at their direction to ensure supply of samples, getting them approved, ensure issue of inspection certificate before despatch, timely shipment, negotiate and arrange payments of any claims with the manufacturers." It is in view of what is indicated hereinabove, that the assessee was called upon to show cause, why deduction under section 80-O of the Act should not be withdrawn, as the assessee was neither rendering any technical nor professional services. It thus appears that from the very inception there w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ia, includes any income by way of royalty, commission, fees or any similar payment received by the assessee from the Government of a foreign State or a foreign enterprise in consideration for the use outside India of any patent, invention, model, design, secret formula or process, or similar property right, or information concerning industrial, commercial or scientific knowledge, experience or skill made available or provided or agreed to be made available, or provided to such Government or enterprise by the assessee, in consideration of technical (or professional) services rendered or agreed to be rendered outside India to such Government or enterprise by the assessee, and such income is received in convertible foreign exchange in I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ible foreign exchange in India, or having been received in convertible foreign exchange outside India, etc. The fifth and last part refers to the deduction to be allowed under the said section. The section is required to be read as indicated hereinabove. The two sub-parts of the third part are alternatives as they are separated by the word "or" and cannot be read conjunctively. Thus, it cannot be said that the assessee must provide "technical services" even where it receives consideration for only providing commercial information. The section is required to be interpreted accordingly. On the facts, the Tribunal clearly held that there is no dispute that it is commercial information which the assessee provided to the foreign buyers and in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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