TMI Blog2017 (2) TMI 1416X X X X Extracts X X X X X X X X Extracts X X X X ..... ER [ 2014 (4) TMI 277 - ANDHRA PRADESH HIGH COURT] this Court held that in the absence of a contract between a foreign bank and a bank in India, the bank cannot be taken to be acting as an agent. Therefore, the first question of law has to be answered against the appellant/Revenue, since Section 195 itself is not applicable in such cases. Income accrued in India - Commission payments were mad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Per VRS,J) The Revenue has come up with both these appeals under Section 260A of the Income Tax Act, 1961, raising the following questions of law: 1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is justified in deleting the addition made u/s 40(a)(i) of the I.T. Act, inspite of the assessee s default in causing deduction of tax at so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... way of demand drafts and sent through medium of couriers to a non-resident abroad, are remittances deemed to have been received in India, by virtue of Section 5(2)(a), and b) that since the entries regarding the commission payments were made in the books of accounts of the assessee maintained in India, the commission payments would be deemed to have been received in India. 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee cannot be taken to be the receipt, actual or constructive by non-resident sales agents, as the amounts so credited in their favour were not at their disposal or control. Therefore, the second question of law is also answered against the appellant/Revenue. 6. In view of the above, both the appeals are dismissed. Consequently, miscellaneous petitions if any pending in the appeal shall s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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