National Industrial Development ... vs Commissioner Of Income-Tax
1990 Latest Caselaw 200 Del

JUDGMENT

B.N. Kirpal, J.

1. In respect of the assessment year 1978-79, the assessed is seeking reference of two questions of law which, admittedly, are similar to the questions for which reference has already been made by the Tribunal under section 256(1) of the Income-Act, 1961. In view thereof we direct the Tribunal to state the case and refer the following two questions of law to this court :

"1. Whether, on the facts and circumstances of the case, the Tribunal was right in law in holding that the petitioner-company had business connection with Nittestu Mining Consultants Company Ltd., of Japan and, therefore, was liable to be treated as their agents under section 163 of the Income-tax Act, 1961 ?

2. Whether, on the facts and circumstances of the case, the Tribunal was right in holding that the assessment proceedings could be validly started by treating the petitioner-company as an agent of the non-resident party even after it had deducted income-tax at source according to the orders made by the Income-tax Officer under section 195(2) of the Income-tax Act, 1961, and deposited the same to the credit of the Central Government ?"

2. There will be no order as to costs.