(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) Placing reliance on the decision of the Apex Court reported in 327 ITR 456, counsel for the appellant submitted that on the assessee's payment to its foreign commission agent, there was no requirement to deduct tax at source since the income of the agent was not taxable in India. Counsel submitted that the Tribunal despite necessary material available on record remanded the proceedings to the Assessing Officer. Counsel drew our attention to the order of the CIT(A), where while allowing assessee's appeal, he had come to the conclusion that income in question is not chargeable to tax in India.
Issue notice of final disposal returnable on 7th March, 2012.
(Akil Kureshi J.) (Ms.Sonia Gokani, J.) (vjn) Top