JCIT(OSD), Circle - 8, Kolkata vs. M/S. Sicpa India Pvt. Ltd., Kolkata
In the result, the CO of assessee is allowed and appeal of revenue is dismissed
ITA 36/KOL/2012[2002-03]Status: DisposedITAT Kolkata09 Mar 2016AY 2002-03
Bench: Shri Mahavir Singh, Jm & Shri Waseem Ahmed, Am]
For Appellant: Shri Soumen Adak & Shri Harish Agarwal, ARsFor Respondent: Shri Sallong Yaden, JCIT, Sr. DR
Section 143Section 143(3)Section 147Section 148
…ction necessary for the disposal of the case before the authority or court vide Rajinder Nath v. CIT [1979] 120 ITR 14 (SC) ; Gupta Traders v. CIT [1982] 135 ITR 504 (All) ; CIT v. Tarajan Tea Co. (P.) Ltd. [1999] 236 ITR 477 (SC) and CIT v. Goel Bros. [1982] 135 ITR 511 (All), etc. The case of an expatriate employee was to be decided on the basis of the provisions of article XIV of the treaty, whereas corporate income was to be decided on the basis of either article III or article XVI of the treaty or section 44BB of the Act. Hence, the observations of the Tribu- nal in Boudier Christian’s case was not a directi…