TMI Blog1993 (7) TMI 66X X X X Extracts X X X X X X X X Extracts X X X X ..... -tax Appellate Tribunal, Cochin Bench, for the decision of this court : "1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in cancelling the assessment ? 2. Whether, on the facts and in the circumstances of the case, the regular assessment for the assessment year 1970-71 is invalid under law?" The respondent is a public limited company. It ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal by the Revenue, the Income-tax Appellate Tribunal followed its earlier orders in 1. T. A. Nos. 226 to 231/(Coch) of 1976-77 and I. T. A. No. 826/(Coch) of 1976-77 dated February 28, 1978, for the assessment year 1969-70 and held that no assessment could be made on the assessee treating it as the agent of the non-resident company. The order of the Appellate Assistant Commissioner was affirme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal did not consider the question whether the assessee had any business connection with the non-resident so as to treat him as an agent of the non-resident under section 163 of the Income-tax Act. It was further held that, only on deciding this issue, the question whether the orders passed by the Income-tax Officer under section 163 and the assessments could be sustained will arise. The questions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the Income-tax Appellate Tribunal to restore the appeal to file and decide the matter afresh for the assessment year 1970-71, bearing in mind the earlier decision on the subject in CIT v. Fertilisers and Chemicals (Travancore) Ltd. [1987] 166 ITR 823 (Ker). The reference is disposed of as above. A copy of this judgment, under the seal of this court and the signature of the Registrar, shall b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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