AI Drafter - (New and Powerful) 
Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter. 
TaxTMI 
TaxTMI 
1985 (3) TMI 304
X X X X Extracts X X X X
X X X X Extracts X X X X
....ompany. The assessment year involved is 1980-81 while the previous year ended on 31-3-1980. The assessment has been framed under section 143(3) of the Income-tax Act, 1961 ('the Act'). 2. Facts briefly stated are that the assessee is a leading walnut production expert and has acquired considerable experience and know-how in general agro-business management and operation of walnut growin....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nd $ 10,675.42 equivalent to Rs. 84,456 for rendering services regarding engineering and bid evaluation in USA. It has been claimed in Part III of the return that the payments earned and received in USA at Rs. 84,456 are exempt from income-tax. 3. On the above facts the stand of the assessee was as under : That the fee received at Rs. 84,456 is not taxable since : (i)there is no bus....
X X X X Extracts X X X X
X X X X Extracts X X X X
....tion 2 attached thereto or not ? The case of the assessee is that it is a consideration for construction and, as such under Explanation 2 attached to section 9(1)(vii) the amount is not taxable while the revenue's stand is to the contrary. 5. The assessee has placed before us extracts from various dictionaries (international editions) to prove that 'construction' implies and include....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... must succeed, since section 9(1)(vii), when read with Explanation 2 attached thereto, makes it clear and postulates a situation where fee for technical services is taxable as income but any consideration for any construction, assembling, mining or like project undertaken by an assessee is excluded from the purview of the said assessment and construction, assembling, mining or like project does in....