"In the employment and in any business carried on in India" occuring in sec.10(6)(VIIA).

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.... any business carried on in India" occuring in sec.10(6)(VIIA) of the I.T.Act has been engaging the attention of the Board. In this connection, the following specific points were examined by the Board in consultation with the Ministry of law:- i. whether the words 'in the employment' import a relationship of employer and employee; ii. whether the words in any business carried on in India imp....

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.... Indian company have a profit element embedded in them. If the same amount that is charged from the Indian company is paid over to the employee concerned whether in India or abroad in respect of relative components of their salaries and allowances then it could not be said that the foreign collaborator derived profit by loaning its employees to the Indian company. If however, the foreign collabora....